Hindu Succession Act, 1956, Section 29A(as -- Right of daughters to claim partition - Ancestral property - Only u, married daughter of a coparcener is entitled to claim partition of Hindu Joint Family Property - Since plaintiffs are married prior to commencement of Amendment Act, they were not coparceners in Hindu Joint Family Property - Plaintiffs held, not entitled to..........
Hindu Succession Act, 1956, Section 8, 9, 10, 29A(as -- Division of property - Right of daughters - Coparcenary property of father is divided between father and son - Property left in the hand of father would be his separate property - Such share on the death of father would devolve through succession by applying the rules of Ss.8, 9, 10 of the Act and daughters got their..........
Hindu Law -- Self acquired property - Father got his share of property in a partition from among his brothers - It is not coparcenary property, but is a separate property and if that becomes his separate property, property under Item.3 purchased from income derived from property which he got in partition, also becomes separate property - Said property is thus, not governed..........
Hindu Succession Act, 1956, Section 8 -- Self acquired property - Hindu male dying intestate - Plaintiffs and defendants being daughters and sons of deceased entitled to take equal shares u/s 8 of the Act - Defendants failed to prove Will as asserted by them, thus parties entitled to equal share of property irrespective of their date of marriages...........
Hindu Succession Act, 1956, Section 15, 25 -- Succession - Hindu female dying intestate - Bar contained u/s 25 of the Act - Husband of deceased acquitted by trial Court of committing murder of wife - He being legal heir of deceased is entitled to get her property and shall not be disqualified from inheriting property of deceased in view of bar contained in S.25 of the Act...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proceedings for grant of succession certificate are summary in nature - Findings rendered therein would not bar initiation of civil suit by applicant or any other party to proceedings for establishing any right or interest in subject matter of proceedings and would not operate as res judicata...........
Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8 -- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death..........
Hindu Succession Act, 1956, Section 25 -- Inheritance - Murder - Disqualification - Appellant is debarred from inheriting property of deceased, who was killed on account of fatal blow given by appellant, even though his conviction altered from S.302 IPC to S.304(Part I) IPC...........
Nomination -- Intestate succession - Nomination does not alter the course of succession under personal law of parties and that a nominee is no more than an agent authorized to receive the property for eventual distribution among legal heirs...........
Nomination -- Even in respect of a co-operative society, nomination to membership or even to allotment does not tantamount to testamentary or intestate succession to property under allotment - Mere nomination by a member of co-operative society does not enable the nominee to claim succession to property to the exclusion of legal heirs who are otherwise entitled to succeed...........
