CHANGE OF RELIGION -SUCCESSION

SEC. 26 OF HINDU SUCCESSION ACT - CONVERSION TO ANOTHER RELIGION- DISQUALIFICATION TO INHERIT TO PROPERTY OF A HINDU -A PERSON WHO REMAINED AS A HINDU , WHEN SUCCESSION OPENS, NOT DISQUALIFIED TO INHERIT THE PROPERTY OF HINDU, EVEN THOUGH HE CONVERTS TO ANOTHER RELIGION SUBSEQUENTLY - SON MARRYING A MUSLIM WOMEN AFT ER THE DEATH OF HIS FATHER- SON ENTITLED TO A SHARE IN JOINT FAMILY PROPERTY AS HE REMAINED TO BE HINDU WHEN HIS FATHER DIED-SEC. 26 WHERE BEFORE OR AFTER THEIS ACT, A HINDU HAS CEASED OR CEASES TO BE A HINDU BY CONVERSION TO ANOTHER RELIGION, CHILDREN BORN TO HIM, OR HER, AFTER SUCH CONVERSION AND THEIR DESCENDANTS SHALL BE RELATIVES, UNLESS SUCH CHILDREN OR DESCENDANTS ARE HINDUS AT THE TIME WHEN THE SUCCESSION OPENS. CONVERTED HINDU, CONVERTED HINDU CHILDREN AND THEIR DESCENDANTS SHALL BE DISQUALIFIED FROM INHERITING THE PROPERTY OF ANY OF THEIR HINDU RELATIVES, UNLESS SUCH CHILDREN OR DESCENDANTS ARE HINDUS AT THE TIME WHEN THE SUCCESSION OPENS -1996[3] ALT 659.

MONEY EXEMPT FROM ATTACHMENT

S EC.60[1][G],[K],[KK] AND[KKK] OF C.P.C AND PAYMENTS OF GRATUITY ACT AND OR. 21 AND RULE 52 OF CPC -DEATH CUM RETIRAL BENEFITS OF DECEASED EMPLOYEE AMOUNTS ARE EXEMPT FROM ATTACHMENT -GRATUITY, PROVIDENT FUND,INSURANCE AND OTHER COMPULSORY DEPOSITS OF DECEASED EMPLOYEE LYING TO THE CREDIT OF THE SUIT TO WHICH J.DrS ARE ENTITLED -NOT LIABLE TO BE ATTACHED UNLESS THE SAME IS ACTUALLY RECEIVED BY J.DrS.-2009 [3] A L T 281.

PROCEEDINGS BY or AGAINST REPRESENTATIVES

Sec. 146 :- save as other wise provided by this code or by any law for the time being in force, where any proceeding may be taken or application made by or against any person, then the proceeding may be taken or the application may be made by or against any person claiming under him. Or. 21 Rule 22, sec.50 and sec.146 both are not inconsistence , both are dealing with representatives or legal representatives -1986[1] A.L.T.226

EXECUTION AGAINST L.R.S MAY BE FILED DIRECTLY.

Order.21 Rule 22 :- [1] where an application for execution is made - [a] more than 2 years aft er the da te of decree, or [b] against the legal representative of a party to the decree or where an application is made for execution of a decree filed under the provisions of sec,.44A or [c] against the assignee or receiver in insolvency, where the party to the decree has been adjudged to an insolvent, the court executing the decree shall issue a notice to the person against whom execution is applied for requiring him to show cause, on a date to be fixed, why the decree should not be executed against him. - so any decree can be executed including injunction suit decree against the legal heirs who created objections while constructing a wall -2009[1]A.L.T. 515.

THE WORD "MONTH" -INTERPRETATION

THE WORD MOTH AND 3 MONTHS ETC., SHOULD BE CALCULATED BASING ON THE CALENDER MONTH. IF THE MONTH IS APRIL, JUNE, SEPTEMBER OR NOVEMBER, THE MOTH PERIOD IS 30 DAYS. IF THE MONTH IS JANUARY, MARCH MAY, JULY , AUGUST, OCTOBER OR DECEMBER, THE PERIOD OF MONTH IS 31 DAYS. IF IT IS FEBRUARY, IT IS 28 OR 29 DEPENDING ON LEAP YEAR. BUT NOT 30 DAYS FLATLY.