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Results of alienation of joint family property

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BOMBAY HIGH COURT

Year of decision: 2017
Details

Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Impleadment of LRs of plaintiff - Plea of joint Hindu Family Property introduced by LRs in addition to challenge to alienation made by their father does not run contrary to pleas already set up by their father plaintiff - LRs cannot be foreclosed to introduce any other plea which becomes available to..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Law -- Joint family property - Alienation - Legal necessity - If a Karta alienates some property for maintenance purpose, then it can be said that it was done for legal necessity...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Law -- Joint family property - Alienation - Legal necessity - When Karta alienates property and it is more than his own interest in joint family property, then other members are entitled to file suit to set aside alienation and only to the extent of interest of such other coparceners, alienation can be set aside - Alienation cannot be set aside in entirety and other..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation made by Manager/Karta for maintenance has to be treated as alienation for legal necessity...........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation by Karta of more than his own interest in joint family property - Alienation which is not for legal necessity can be challenged by other members of joint family - In such a situation, alienation made to the extent of the shares of such members can be set aside, but the alienation of his own..........

BOMBAY HIGH COURT

Year of decision: 2014
Details

Hindu Law -- Joint Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Hindu Law -- Joint family property - Alienation by karta - Karta or Manager can alienate joint family properties in four situations namely (a) for legal necessity; (b) for discharge of antecedent debts; (c) for benefit of estate; (d) or with consent of all co-parceners of family...........

Showing : 21-30 of 79 Results