Hindu Law -- Joint Hindu family property - Alienation by Karta - Challenged by co-parcener - Concurrent finding of fact that part property is self acquired, where as other ancestral property in hands of vendor - Sale without legal necessity - Sale qua self acquired property valid - Sale qua ancestral property not binding on plaintiff/co-parcerner. Manohar Lal's FB relid...........
Hindu Succession Act, 1956, Section 8 -- Son who inherits his father's assets u/s 8 of the Act does so in his individual capacity and not as a Karta of the Hindu Undivided Family...........
Agreement to sell -- Suit for specific performance - Plea of Joint Hindu Family Property taken by way of amendment of plaint - No evidence whatsoever to show that the property had been purchased from the income of the Joint Family so as to give it the character of a Joint Hindu Family Property - There is no presumption of a property being joint family property only on..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Service of notice - Notice served on Karta of family - Karta being representative of the entire Joint Hindu Family, inclusion of other heirs of deceased tenant not necessary - Decree would be binding on all the joint tenants...........
Hindu Law -- Joint Hindu Family property - Alienation of - Nature & scope - A Karta has power to alienate for value the joint family property either for necessity or for the benefit of the estate - He can alienate with the consent of all the co-parceners of the family - When he alienates for legal necessity, he alienates an interest which is larger then his undivided..........
Hindu Law -- Joint Hindu Family property - Alienation by Karta - Right of Coparcener - A co-parcener has a right to challenge the alienation - He has no right to interfere in the act of management of the joint family affairs - Right to obstruct alienation is different from right to challenge the alienation. AIR 1988 SC 576, Sunil Kumar's case relied...........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale - Joint Hindu Family Property - Challenge to sale by Karta of Joint Hindu Family agricultural property - Court fee payable is under S.7(iv)(c) r/w S.7(v)(a) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale of Joint Hindu family property by karta - Suit for declaration that plaintiff coparcener in suit property and sale deed effected by karta is null & void and not binding on his rights - Court fee is payable u/s 7(iv)(c) of Act...........
Court Fees Act, 1870, Section 17(iv)(c), 7(v) -- Alienation of Joint Hindu family property by karta - Challenged by coparcener - Trial Court directed plaintiff to affix advalorem court fee - Main relief claimed in suit is of declaration to the effect that plaintiff is coparcener in suit property - Suit land agricultural in nature - Court fee is payable u/s 7(iv)(c) read..........
