Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner son contended that suit property is ancestral property - However, no document or material on record to show that property is ancestral in nature in which petitioner had any right - More so, petitioner himself raised the plea in written..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
Hindu Law -- Ancestral property - Pedigree table in itself is no evidence of ancestry, nor can it be basis to decide ancestral nature of property which can only be established by independent proof including revenue records/jamabandis...........
Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Hindu Law -- Family settlement - There is no family settlement nor any other evidence has come on record to prove that suit property was ancestral in nature and rightly mutated in the name of son of deceased/grandfather of plaintiff - In the absence of said material evidence, Courts below have erred in holding that son of deceased had become owner of suit property on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Limitation Act, 1963, Article 109 -- For applicability of Art.109 of the Act, conditions to be fulfilled are : (1) the parties must be Hindus governed by Mitakshara; (2) the suit is for setting aside the alienation by the father at the instance of the son; (3) the property relates to ancestral property; and (4) the alienee has taken over possession of the property..........
Hindu Law -- Joint Family Property - Hindu father or any other managing member of HUF has power to make gift of ancestral property only for a `pious purpose' - `Pious purpose' is a gift for charitable and/or religious purpose'...........
Hindu Law -- Joint Family Property - A deed of gift of ancestral property executed `out of love and affection' does not come within the scope of the term `pious purpose'...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
