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1 - 10 of 10 (0.21 seconds)The Hindu Succession Act, 1956
Section 30 in The Hindu Succession Act, 1956 [Entire Act]
The Hindu Women's Rights To Property Act, 1937
Section 91 in The Indian Evidence Act, 1872 [Entire Act]
Roop Kumar vs Mohan Thedani on 2 April, 2003
15. The first defendant came forward with a far fetched plea as though Ex.A1, the partition deed was not really a partition deed, but family arrangement and in support of his argument, there is absolutely no iota or miniscule, shred or shard, pint-sized or scintilla of evidence. Section 91 and 92 of the Indian Evidence Act also would as such be an embargo for D1 to contend anything contrary to the terms contained in Ex.A1. I would like to cite the following decision of the Hon'ble Apex Court reported in (2003) 6 SCC 595 [Roop Kumar v. Mohan Thedani]. An excerpt from it would run thus:
Section 92 in The Indian Evidence Act, 1872 [Entire Act]
Pavitri Devi And Anr. vs Darbari Singh And Ors. on 7 September, 1993
An excerpt from the Apex's Court decision reported in J.T. 1993(5) SC 197 [Pavitri Devi and another v. Darbari Singh and others] would run thus:
The Code of Civil Procedure, 1908
R.M.P.M. Ranganthan Chettiar vs A. Annamalai Mudaliar And Ors. on 4 November, 1968
"7. Proviso: Exception to rule of survivorship in the Mitakshara coparcenary :- This proviso says that so long as there is a female relative specified in clause (1) of the Schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the Mitakshara coparcenary property shall devolve by testamentary or intestate succession as the case may be under this Act and not by survivorship. Under the Mitakshara coparcanery as it obtained prior to the Act, no Will left by a coparcener would be valid, the reason being that as between testamentary devolution and devolution by survivorship, the latter took precedence barring the operation of the testamentary disposition. This proviso provides that if any female relative or a male relative claiming through the female relative as specified in clause (1) of the Schedule survives the deceased, then the devolution is under this Act, whether the devolution is testamentary or by intestate succession. The words, "such female relative" found in the proviso to the section refers to a female relative who comes in the 1st class but who is dead but through whom the male relative claims (Ranganathan Chettiar v. Annamalai Mudaliar, 80 L.W.258: (1967) 1 MLJ 389; I.L.R.(1968)1 Mad 685: 1968 Mad.65)".
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