Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - It is for defendants to prove that Karta of family was required to sell property and had no alternative left to raise funds for family - Mere statements by witnesses that Karta/defendant No.1 was heavily indebted due to medical expenses incurred on treatment of his wife was not sufficient for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action - Mere fact that a different..........
Ancestral Property -- Release deed executed in the name of wife by husband - Merely because to avoid any further litigation in future and though husband had no share in suit properties, Rs.10,000 was paid and release deed was got executed in favour of wife, by that itself cannot be said that wife treated the suit properties as ancestral properties and/or joint family..........
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...........
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 not sustainable when the issue is..........
Hindu Succession Act, 1956, Section 30, 4 -- Testamentary succession - A male Hindu governed by `Mitakshara Law' is not debarred from making Will or other testamentary disposition in respect of coparcenary/ancestral property...........
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 property/ancestral property - Suit rightly dismissed...........
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...........
