Showing : 1-8 of 8 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Specific Relief Act, 1963, Section 38-- Coparcenary property - Suit for injunction - Held, coparceners are jointly holding entire house - There cannot be any injunction against them because law is well settled that on every inch of coparcenary property, each coparcener is having equal share and it shall be deemed that possession of one..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41-- Injunction suit against Father (Karta) not to alienate ancestral property and joint family property - Held, suit not maintainable - Remedy with coparcener is to file suit after alienation seeking declaration that alienation was without legal necessity - Exception to this proposition - Held,..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 19, Hindu Law-- Joint Hindu Family Property - Alienation by Karta - Permanent Injunction - No injunction can be granted to coparcener for restraining the Karta of Joint Hindu Family property from alienating the coparcenary property - Coparcener has right only to challenge the alienation after execution of sale..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2003
Details
Hindu Law-- Joint Hindu Family Property - Alienation of Karta - Coparcener has no right to seek injunction restraining Karta from alienating coparcenary property - - Coparcener has a right only to challenge the alienation made by Karta on the ground that the same was not for any legal necessity or was not an..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Specific Relief Act, 1963, Section 36-- Injunction - Coparceners - A coparcener cannot seek an injunction against other coparceners restraining them from enjoying the joint family properties...........
BOMBAY HIGH COURT
Year of decision: 1998
Details
Hindu Law-- Joint Family Property - Alienation by Karta - It is not the rule of law that Karta is required to consult other members of the family and obtain their consent for the purpose of alienating the Joint Family Property - The requirement of law is that if alienation of joint family property is made by..........
RAJASTHAN HIGH COURT
Year of decision: 1996
Details
Specific Relief Act, 1963, Section 38, 41(h)-- Coparcenary property - Coparcener has no right to seek injunction restraining Karta from alienating ancestral property - Coparcener has adequate remedy to impeach the alienation made by the Karta...........
KARNATAKA HIGH COURT
Year of decision: 1996
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Hindu Law - Joint Family Property - Alienation by manager - Manager entitled to make alienation for family necessity or for benefit of estate - Sale by manager is voidable and not void - Alienee entitled to possession unless sale is avoided by appropriate action by other coparcener - Remedy of..........

Showing : 1-8 of 8 Results