Showing : 11-20 of 58 Results

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...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Burden of proof - Held, when such alienation is challenged as being unjustified or illegal, it would be for alienee to prove that there was legal necessity in fact, and that he made proper and bona fide enquiry as to existence of such..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Hindu Law Alienation of coparcenary property by Karta-- Restraining Karta from alienation - Held, Karta of Joint Hindu Family have right to manage coparcenary property and such right would include right to sell or mortgage ancestral property for legal necessity - However, coparcener has remedy to challenge alienation on the ground that same was not for..........
KARNATAKA HIGH COURT
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 6-- Joint Hindu property - Legal necessity - Alienation by Karta - Legality of - Held, clearance of the debt is also an obligation on the part of the joint family when it is incurred towards legal necessities i.e., for the development of the joint family - In such a situation, the 1st defendant has..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Hindu Succession Act, 1956, Section 9, 6-- Coparcenary property - Joint Hindu family - Land owner died intestate leaving behind 5 heirs - Shares among the heirs not determined - One of the heir alienated his 1/5th share - Alienation set aside - Held, till severance of joint family status takes place neither coparcener nor any other can..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Hindu Law-- Joint Hindu Family Property - Partition - Inheritance after partition - Once there is disruption of Joint Hindu Family Property it looses the character of coparcenary property and its alienation cannot be challenged on the ground of its coparcenary nature...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Family Settlement-- Partition of joint Hindu family coparcenary amongst the coparceners including the Karta that is the father - Family arrangement accepted by all the coparceners - Property ceased to be coparcenary property - When a coparcener takes definite share in the property, he is the owner of that share - He..........

Showing : 11-20 of 58 Results