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 plaintiffs have no independent share in..........
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...........
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 Kanungo to prepare excerpt afresh..........
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 effect...........
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...........
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 his favour - Factum of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff along with defendants are co-sharers and sale deed executed by defendant No.1 is null and void - Plaintiff categorically stated that suit land was purchased by his father/defendant No.1 from son of their paternal uncle - Suit property thus, not ancestral property but self acquired property of..........
Protection of Women From Domestic Violence Act, 2005, Section 19, 20 -- Right of residence - Shared household - Wife stayed along with her husband in the house in question, which is constructed by father-in-law after selling off his ancestral property and obtaining loan for constructing house - No doubt wife lived in house in question for a brief while, nonetheless she is..........
Hindu Law -- Ancestral property - Mere admission of the nature and character of the property as ancestral would not clothe it ancestral unless and until onus to prove the same has been discharged...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Rule 22(3)(1)(i) -- Eviction petition - Plea of ancestral property taken by daughter-in-law - Plea rejected, as S.22(3)(1)(i) of Rules 2017 stipulates that senior citizen or a parent can make an application to..........