Showing : 1-10 of 249 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6-- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Will -- Ancestral property - No law to prevent executing Will of ancestral property...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 30-- Ancestral coparcenary property - Will - Competency of Hindu Male - Plaintiff admittedly granted half of property in earlier Will and he made no grievance - It is only when subsequent Will is sought to be executed and share of plaintiff is substantially reduced that he raised competence of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Joint Family Property or co-parcenary property - Plaintiff contended that property in question purchased in the joint names of defendants from funds of co-parcenary property in the hands of father of defendants - However, defendant No.2 never stated that sale consideration in respect of land..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Plaintiff could not have been asked to place any negative evidence on record to show that, there was no legal necessity - Parties are required to adduce positive evidence - Statement on oath by plaintiff that defendant had no legal..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
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..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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 -..........

Showing : 1-10 of 249 Results