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Results of ancestral property

Showing : 11-20 of 257 Results

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 incurred on treatment of his wife was not sufficient for..........

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 - Mere fact that a different..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

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..........

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 not sustainable when the issue 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 property/ancestral property - Suit rightly dismissed...........

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 plaintiffs have no independent share in..........

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 Kanungo to prepare excerpt afresh..........

Showing : 11-20 of 257 Results