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1 - 10 of 14 (0.75 seconds)K. Raghunandan & Ors vs Ali Hussain Sabir & Ors on 14 May, 2008
In Phool Patti and another Vs. Ram Singh (dead) through
Legal Representatives and another, (supra), the matter was referred to a
larger Bench as there is a conflict between the decisions Bhoop Singh Vs.
Ram Singh Major and others (supra) and K. Raghunathan vs. Ali
Hussain Sabir and others (supra). The larger Bench of the Hon'ble
Supreme Court has held that there is no conflict between those two
decisions.
The Registration Act, 1908
Section 6 in The Hindu Succession Act, 1956 [Entire Act]
Kale & Others vs Deputy Director Of Consolidation Ors on 21 January, 1976
In Kale Vs. Deputy Director of Consolidation and others,
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(supra), a three Judge Bench of the Hon'ble Supreme Court in paragraph
No.38 has held as follows:
Bhoop Singh vs Ram Singh Major & Ors on 11 September, 1995
In Phool Patti and another Vs. Ram Singh (dead) through
Legal Representatives and another, (supra), the matter was referred to a
larger Bench as there is a conflict between the decisions Bhoop Singh Vs.
Ram Singh Major and others (supra) and K. Raghunathan vs. Ali
Hussain Sabir and others (supra). The larger Bench of the Hon'ble
Supreme Court has held that there is no conflict between those two
decisions.
S.V. Muthu And Ors. vs Veerammal And Anr. on 19 August, 1980
In S.V.Muthu and others Vs. Veerammal and
others, (supra), the defendants contested the partition suit, but the trial
court found that the defendants also entitled to get share in the amount
which was deposited in the bank. The appeal filed by the defendants also
dismissed. Subsequently, the bank had deposited the amount before the
court and at that time, the defendants had filed an application to issue a
cheque for the amount as per the preliminary decree. The trial court had
dismissed the said application stating that they did not pay the court fees to
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allot their shares, against which the defendants have filed Civil Revision
Petition before this court. This court has observed that since the defendants
have not paid court fees, they cannot claim share. But in this case, the facts
are totally different. In this case, both the parties entered compromise and
based on the said compromise, the final decree was passed straightaway and
hence, the question of paying court fees by the defendants does not arise.
So, the findings of the first appellate court that since the defendants have not
paid court fees, the right or title not passed on them through the said
compromise decree, cannot be accepted. Therefore, these second appeals
are liable to be dismissed and the cross objection has to be allowed and the
judgments and decrees passed by the trial court have to be restored.
Accordingly, these points are answered.
The Hindu Succession Act, 1956
Section 100 in The Code of Civil Procedure, 1908 [Entire Act]
Danamma @ Suman Surpur vs Amar on 1 February, 2018
In Danamma @ Suman Surpur and another vs. Amar and
others (supra), the Hon'ble Supreme Court has held that the daughters are
entitled to get share in the joint family co-parcenery property as co-
parceners even if they were born prior to the enactment of Hindu Succession
(Amendment) Act, 2005 (39 of 2005). As per sub-section (1) of Section 6 of
the Hindu Succession Act, 1956 on and from the commencement of the
Hindu Succession (Amendment) Act, 2005, in a Joint Hindu Family governed
by the Mitakshara law, the daughter of a coparcener shall by birth become a
coparcener and have the same rights in the coparcenery property as she
would have had if she had been a son. Sub-Section (5) of Section 6 of the
Hindu Succession Act says that nothing contained in that Section shall apply
to a Partition, which has been effected before the 20th day of December,
2004. The Explanation attached to the said Section says that for the
purposes of that section “Partition” means any partition made by execution of
Deed of Partition duly registered under the Registration Act, 1908 (16 of
1908) or Partition effected by a Decree of a Court.