being class-II heirs of Sh. Daut at the time when succession opened
on the death of Smt. Suno on 16.5.1987, are entitled to succession ... nearest reversioners, being
legal heirs of late Sh. Daut, when the succession opened on 16.5.1987. The
benefit of judgment and decree passed
Succession Act 1956 which came into force on 25.3.1989, has no application to the case in hand, as the father died and the succession opened ... Succession Act are not retrospective in operation and where a male Hindu died before the Act came into force i.e., where succession opened before
Baby @ Rohini (Deceased) vs Kamalam Kumerasan on 5 August, 2015
Author: R. Mala
Bench: R
daughter of Abbyee Chettiar, became the life estate holder and the succession opens for the reversioner to have vested interest in the estate, only after ... negativing the claim of the reversioner defendant that the succession opened on the death of Charanji Lal only after the death of Maya Devi
coparcener had died prior to the commencement of the
Amendment Act, succession opens out on the date of the
death as per the prevailing provision ... Hindu Succession Act, 2005 .
Such a provision was enacted as far back in
1987 by the State of Andhra Pradesh. The
succession having opened
amount so received is to be
distributed according to the law of succession. In
terms of the factual foundation laid in this case, the
deceased ... entitled to succeed. Therefore, on the day when the right
of succession opened, the appellant, his widow became
entitled to one half of the amount
succession be claimed through him."
9
17. This position of law was incorporated by
way of Section 25 of the Hindu Succession ... line of
descent but should be regarded as
nonexistent when the succession opens."
18. Therefore, once it is held that a person
different and that after the death of
Kuppurathinammal, the line of succession opened.
42. From all the above decisions, it appears that this Court ... considering the claims of persons next in the line of
succession to the office of trusteeship. The logic behind the aforesaid view
is perhaps
amount so received is to be
distributed according to the law of succession. In
terms of the factual foundation laid in this case, the
deceased ... entitled to succeed. Therefore, on the day when the right
of succession opened, the appellant, his widow became
entitled to one half of the amount
proved in
accordance with the provisions of Section 63 of the Indian Succession Act,
1925 and Section 68 of the Evidence Act, 1872 on account ... into
operation and even if it is not taken into consideration, succession opened
and the legal representatives entered into a family arrangement keeping in
mind
