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SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Law-- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for partition of ancestral property was filed by sister of plaintiff against plaintiff and their father - Sister of plaintiff got equal share in said suit - Said findings attained finality being not challenged - Argument that said property is self acquired property is..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Partition -- Ancestral property - Plaintiff contended that suit properties were purchased from income derived from ancestral property - However, no substantial evidence let in on side of plaintiffs to prove said fact - It cannot be said that suit properties were purchased from income of joint family..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 8-- Succession - Co-parcenary ancestral property - Property inherited by legal heirs u/s 8 of the Act and after number of suits acknowledging family settlements, property cannot be claimed to be ancestral co-parcenary property and is exclusive property...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 30-- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 8-- Succession - If property has devolved upon heirs after coming in effect of Act, in accordance with S.8 of the Act, same is not ancestral property in the hands of recipients rather it is their individual property...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 16, Rule 1-- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 8-- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 30-- Testamentary succession - Ancestral property - Will by Hindu male bequeathing property - A Hindu male can dispose of ancestral property by Will beyond his share...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in..........

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