Search Results Page

Search Results

1 - 10 of 32 (0.44 seconds)
Commissioner Of Income Tax vs Bhawani Singhji on 5 October, 2018 cites

Rajah Velugoti Kumara Krishna ... vs Rajah Velugoti Sarvagna Kumara ... on 28 October, 1969

In the course of argument, great reliance was placed on the two decisions of this Court in Mirza Raja Ganapath Vs case, supra and Raja Velugoti Kumara Krishna's case, supra, for the proposition that the junior members of a joint family in the case of an ancient impartible joint family estate take no right in the property by birth and therefore have no right, of partition having regard to the very character of the estate that it is impartible. To our mind, the contention cannot be accepted.
Supreme Court of India Cites 20 - Cited by 15 - V Ramaswami - Full Document

Shiba Prasad Singh vs Rani Prayag Kumari Debi on 7 April, 1932

23. Again, the same principles were approved and applied in Anant Kibe and Ors. vs. Purushottam Rao and Ors.1984 (Supp) SCC 175 where the court held that" The incidents of impartible estate laid down in Shiba Prasad Singh's case and the law there stated have been reaffirmed in the subsequent decisions of the Privy Council and of this Court..." Then, after quoting Nagesh Bisto Desai (supra) the Supreme Court held that "Impartibility is essentially a creature of custom. Here it is a term of the grant. The junior members of a joint family in the case of ancient impartible joint family estate take no right in the property by birth and therefore have no right of partition having regard to the very nature of the estate that it is impartible.....The impartibility of the tenure governed by the Jagir Manual of the Holkar State and the rule of lineal primogeniture governed by the Jagir Manual, Chapter II, Rules 2 and 3 did not per se destroy its nature as joint family property or render it the separate property of the last holder so as to. destroy the right of survivorship ; the estate retained its character of joint family property and its devolution was governed by the rule of lineal primogeniture. To establish that a family governed by the Mitakshara in which there is an impartible estate has ceased to be joint, it is necessary to prove an intention, express or implied on the part of the junior members of the family to renounce their succession to the estate."
Bombay High Court Cites 17 - Cited by 86 - Full Document

Anant Bhikappa Patil vs Shankar Ramchandra Patil on 26 July, 1943

In Anant Bhikappa Patil's case supra, it was observed that an impartible estate is not held in coparcenary though it may be joint family property. It may develop as joint family property or as separate property of the last male holder. In the former case, it goes by survivorship to that individual, among those male members who in fact and in law are undivided in respect of the estate, who is singled out by the special custom e.g. lineal male primogeniture. In the latter case, jointness and survivorship are not as such in point the estate devolves by inheritance by the last male holder in the order prescribed by the special custom or according to the ordinary law of inheritance as modified by the custom.
Bombay High Court Cites 10 - Cited by 86 - Full Document
1   2 3 4 Next