AI Overview...
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S Srinivasan Son Conceived - Under Hindu law, a son conceived but not yet born is considered to have the same rights as a born son, and the Hindu undivided family (HUF) can be deemed to come into existence from the date of conception of the son, especially in context of property rights and coparcenary status T. S. Srinivasan VS Commissioner Of Income-tax, Madras - Supreme Court, N. V. Narendranath VS Commissioner Of Wealth-tax, A. P. - Supreme Court.
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Existence of Coparcenary without a Son - Hindu law recognizes the existence of a coparcenary even if there is no property initially, and a coparcenary can come into being with the marriage of a single male member, with the wife and unmarried daughters forming part of the HUF Controller Of Estate Duty VS Arunachalam Chettiar - Kerala, Prem Kumar VS Commissioner Of Income-Tax - Allahabad.
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Son Conceived Long Before Property Transactions - Alienation of coparcenary property by the manager (father) is voidable if a son was conceived long before the transaction, even if not yet born at the time, emphasizing that conception is sufficient to establish coparcenary rights Tirupurasundari Ammal by Power-of-Attorney Agent S. Janaki VS Kalyanaraman (minor) by next friend and maternal grandfather R. Kanagasabai Pillai - Madras, B. R. Devadoss VS Ponnammal - Madras.
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Rights of Conceived Son in Property and Family - A son conceived but not born has rights in the family property and can challenge alienations made before his birth or conception, reinforcing that the Hindu law grants rights to a conceived son from the moment of conception Tirupurasundari Ammal by Power-of-Attorney Agent S. Janaki VS Kalyanaraman (minor) by next friend and maternal grandfather R. Kanagasabai Pillai - Madras.
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Family and Property Rights Upon Marriage - A Hindu joint family (HUF) comes into existence upon marriage, with the wife and husband forming a joint family, and a son, whether born or conceived, is integral to the coparcenary, impacting property rights and succession Prem Kumar VS Commissioner Of Income-Tax - Allahabad.
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Legal Recognition of Conceived Sons in Income Tax and Succession - Courts have upheld that a son conceived is recognized under Hindu law for income tax assessments and succession rights, aligning with the doctrine that conception grants coparcenary and inheritance rights from the moment of conception T. S. Srinivasan VS Commissioner Of Income-tax, Madras - Supreme Court, Late R. Sridharan by legal heirs Mrs. Rosa Marie Stenbehler and Minor Nicolas Sundaram Co. , T. V. S. & Sons, Madurai VS The Commissioner of Wealth-tax, Madras and two others - Madras.
Analysis and Conclusion:
The collected references establish that under Hindu law, a son conceived but not yet born is deemed to have the same rights as a born son, including coparcenary and inheritance rights, from the date of conception. The existence of a Hindu undivided family (HUF) can be recognized from the date of conception of a son, and property transactions involving a conceived son are subject to challenge if made before his birth or conception. This doctrine affirms the legal recognition of a conceived son’s rights in family property and succession, emphasizing the importance of conception in establishing familial and property rights within Hindu law.
Search Results for "S Srinivasan Son Conceived Hindu Coparcenary"
1969 0 Supreme(SC) 110 • India - Supreme Court
A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Undivided Family - Held, Appellant relied on doctrine of Hindu law that son conceived is in same position as son born and respondent ... contended that this doctrine was inapplicable - Question whether there was in any event even without a son conceived or born, a ... Hindu Undivided Family consisting of appellant and his wife and whether properties received on partition belonged to that Hindu Undivided ... come into existence in or about March, 1952....
1965 0 Supreme(SC) 327 • India - Supreme Court
S.M.SIKRI, J.C.SHAH, K.SUBBA RAO
was conceived. ... INCOME TAX - Hindu undivided family - Existence - Son conceived but not born - Whether income of father assessable as individual ... Ratio Decidendi: The court held that the doctrine of Hindu Law that a son conceived in his mother's womb is equal in many ... He further says that it is well settled according to Hindu Law that joint Hindu family comes into existence from the date a son is #HL_STAR....
1972 0 Supreme(Mad) 55 • India - Madras
G.RAMANUJAM
Hindu Law-Son being manager of joint family executing gift decree of immovable property in favour of mother-Held, alienation of coparcenary ... property if voidable at the instance of the non-alienating coparcener (minor son). ... conceived long before the date of the settlement deed. ... In Srinivasa Rao v. ... deed by his father in favour of the first defendant covering coparcenary property cannot be valid in law. ... of the case on hand which relates to the power o....
1966 0 Supreme(Ker) 346 • India - Kerala
M.S.MENON, P.GOVINDAN NAIR
Fact of the Case: The case involved a partition deed executed among an undivided Hindu family, specifically concerning ... Ratio Decidendi: The court relied on interpretations of Hindu law and relevant case law to determine that the conversion of ... It is a well-known principle of Hindu law that a coparcenary can exist even though it may own no coparcenary property. ... a coparcenary. ... It is his right under the Hindu law on the exercise of which the property as....
1972 0 Supreme(Mad) 54 • India - Madras
RAMANUJAM
HINDU LAW - COPARCENARY PROPERTY - GIFT BY MANAGING MEMBER - VALIDITY - LIMITS OF POWER - GIFT TO MOTHER - NOT VALID - SETTLEMENT ... plaintiff as a coparcener, the power of the second defendant who is the manager of the joint family is limited and his alienation of coparcenary ... alienation can also be made by a managing member with the consent of all the coparceners of the family. - The sole surviving member of a coparcenary ... In Srinivasa Rao v. ... deed by his father in favour of the first defend....
1979 0 Supreme(All) 513 • India - Allahabad
C.S.P.SINGH, R.R.RASTOGI
A Hindu joint family consists not only of the male members, but also of their wives and unmarried daughters. 2. ... A HUF comes into existence when a single coparcener marries, as the wife along with her husband constitutes a joint Hindu family. ... The court held that a HUF came into existence when the assessee married, as the wife along with her husband constitutes a joint Hindu ... Srinivasan v. ... SRInivasan v. CIT [1966] 60 ITR 36. ... This contention was repelled by the Supreme Court as it was he....
1968 0 Supreme(Mad) 470 • India - Madras
K.VEERASWAMI, T.RAMAPRASADA RAO
Hindu Law - Assessee having a legitimate son through a marriage solemnised under Special Marriage Act - Assessee taking his son into ... his family and openly acknowledging him as a member - Assessee and his son constitute a Hindu undivided family under Income-tax ... Srinivasan v. ... Srinivasan v. Commissioner of Income-tax7, and that in Gowli Buddanna v. Commissioner of Income-tax2, are reconcilable. Though one may gain the impression that the principle excerpted ....
1966 0 Supreme(Mad) 229 • India - Madras
K.SRINIVASAN
Hindu law-Alienation-Father having two minor sons alienating joint family property-Birth of third son after completion of alienation-Held ... , third son if can raise dispute against alienation-Issue regarding period of limitation arises. ... that if the child which objects to the alienation comes into existence or is conceived after the alienation, but there is already a child born before or conceived before the alienation, the overlapping of the two lives would enable the later-born son#HL_E....
2022 0 Supreme(Mad) 1200 • India - Madras
G. JAYACHANDRAN
Ratio Decidendi: The properties lost coparcenary character before the amendment to Section 6 of Hindu Succession Act, thus ... Partition - Hindu Succession Act - Section 6, Section 8 - Ex.A.6, Ex.A.7 - The court declared 5/8 share to the plaintiff in item ... Issues: Entitlement to share in ancestral properties, impact of Hindu Succession Act amendment, and application of Section ... his son Srinivasan the plaintiff herein. ... Devolution of interest in coparcenary ....
2008 0 Supreme(Mad) 2141 • India - Madras
G.RAJASURIA
Joint Family Property - Hindu Succession Act - Section 6, The Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 - Section ... The court applies the Hindu Succession Act and The Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 to determine the rights ... Ratio Decidendi: The court applied the Hindu Succession Act and The Madras Hindu (Bigamy Prevention and Divorce) Act, 1949 ... S.R.Srinivasan and others). ... It is a trite proposition that as per Section 6....
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