Showing : 1-10 of 239 Results

CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6-- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition suit set..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Law-- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 14(1)-- Property acquired by Hindu female - Mutation entry in favour of Hindu female - No other document in her favour - Words `in any other manner whatsoever' are not sufficient to attract elements of acquisition by mutation entry u/s 14(1) of the Act - Said term needs to be construed and interpreted in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 65-- Limitation - Partition suit - Plaintiff married prior to amendment of S.6 of Hindu Succession Act, thus, she may not be a co-parcenar - However, properties being self acquired properties of testator, till his death, right and title in properties were vested in him - De hors the Will, none of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 6-- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate..........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 23, 6(u-- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally..........
DELHI HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 23, 6(u-- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed,..........

Showing : 1-10 of 239 Results