under Sec. 8 of
the Act of 1933 is held to be limited, by virtue of Sec. 14 of
the Hindu Succession Act, the said ... provisions of the Act.
Section 3(d) of the Act deals with women's full estate. Section
4 of the Act defines the order
Section 6 of the Act. The learned Civil Judge upheld the contention of the contesting defendants that Section 8 of the Mysore Act ... right to a share by instituting a suit for Partition. Section 8 of Mysore Act X of 1933 provides that where partition takes Place
competent to divide the land under Section 54. It is authorised by Section 2 of the Partition Act. and an order made thereunder amounts ... decree within the meaning of Section 2 , Civil Procedure Code. That is evident from Section 8 , Partition Act. Therefore, the sale held pursuant
must be avoided. Section 8(1) of the Mysore Act reads as follows :
" Section 8(1)(a) - At a partition of joint family property ... section (1) of Section 8 of the Mysore Act are "At a partition of joint family property." Therefore, the question will arise whether
Shrishail S/O. Madivalappa Ganiger vs The State Of Karnataka on 16 March, 2026
Author
having devolved under
Section 8 of the Hindu Succession Act, 1956
(for short, "the said Act") under the partition
of 01.06.1994, the property ... reading of Sections 4 , 8 and 19
of the Act, after joint family property has been
distributed in accordance with Section 8 on
principles
Section 6 of the Hindu Succession Act
and 1/66th share in the estate of Govindareddy under
Section 8 of the Hindu Succession Act. Therefore ... male
Hindu takes place, Section 8 is applicable, not
Section 6 . But wherever Rule of Survivorship is
applicable, Section 8 has no applicability.
Therefore
careful reading of the unamended (or
Old) section 6 , amended section 6 and section 8 of
the Act would show the manner of conferment ... with section 8 .
To this limited extent section 8 has applicability in
section 6 of 1956 Act.
22. If Section 6 of 1956 Act
application of either
Section 30 or Section 8 , Section 30 applying in case
a will had been made and Section 8 applying ... reading of Sections 4 , 8 and
19 of the Act, after joint family property has
been distributed in accordance with Section 8
on principles
partition suit. To arrive at this conclusion, it is
necessary to refer to sections 7 and 8 of the
Partition Act ... under Rule 94 in favour of auction
purchaser.
9. Section 8 of the Partition Act states the
order for sale is a decree for which
