Act being only of prospective nature so where the heir is not a limited owner, this Act would in no way affect his succession; but it is essential that succession should have taken place prior to the commencement of this Act.-Rameshwar v. Hemant Kumar AIR 1985 Pat.168.
Prior to the present Hindu Succession Act came into force, there was a custom prevailing in Punjab, disentitling daughters to inherit. But now the legal position different according to which where the last male holder died after the Act, the previous law disentitling the daughters to succeed, is no more valid.- Manshan v. Tejram AIR 1980 SC 558.
Mode of devolution as laid down under section 36(5) of the Madras Aliyasantana Act has to give a way to what is laid down in s.8 of the Hindu Succession Act as regard separate property and to s.7 (2) where the property is undivided interest- Sundari v. Laxmi AIR 1980 SC 198
Where the marriage of a widow took place prior to the coming into force of this Act, as because of marriage her rights to property had already been lost ,provisions of this Act did not apply.-Sankar Prasad v. Usha Bala AIR 1978 Cal. 525
As per the language of s. 14 of the Hindu Succession Act, any property possessed by a female Hindu, shall be held by her as full owner and not as a limited owner. By applying the provisions of s.2 of the Hindu Widow's Remarriage Act,1856,a widow cannot be divested of the property as then it would be an inconsistency with the provisions of this Act.-AIR 1973 Pat.170
A reading of s.4 makes it clear that provision in s.8 are to prevail over principles of Hindu law. Applying the principle it comes to conclusion that a son inheriting separate property of his father, separate property of the father is his separate and individual property and not joint family property.- Addl. Commissioner of Income Tax v. Karuppan Chettiar AIR 1979 Mad 1