Partition -- Beneficiary of S.6 of Hindu Succession Act cannot claim a benefit by way of partition as regard to joint Family properties without reference to properties already received by her at the time of marriage as dowry/gift or otherwise...........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - If a property of male Hindu dying intestate is a self acquired property or obtained in partition of a co-parcenary or a family property, same would devolve by inheritance and not by survivorship and a daughter of such a male Hindu would be entitled to inherit such property in preference to..........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband disclosed that his father had 25 acres of land and after partition 5 acres of land is in the name of husband - Land in the name of husband is a valuable land - Permanent alimony of Rs.2 lakhs as awarded by trial Court is on lower side - Permanent alimony awarded as Rs.8 lakhs to wife...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter would inherit equal share as that of son in ancestral properties and date of death of father whether before or after date of amendment to S.6 of the Act, would be irrelevant - Plaintiff and defendants Nos.1 & 2 entitled to 1/3rd share each...........
Hindu Succession Act, 1956, Section 14 -- Will - Life interest created in favour of wife by husband during his lifetime - Bequest in favour of wife extended beyond the actual share she would have got had a partition taken place in case husband had died intestate - It is nothing but interest that comes into existence in favour of wife for first time according to volition of..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the daughter born..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Amended provisions of S.6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right - Section 6(1)(a) makes daughter by birth a coparcener "in her own right" and "in the same manner as the son" - S.6(1)(a) contains the concept..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Partition - Proviso to S.6(1) and S.6(5) saves any partition effected before 20.12.2004 - However, Explanation to section 6(5) recognises partition effected by execution of a deed of partition duly registered under the Registration Act, 1908 or by a decree of a court -..........
