Hindu Law -- Partition - Joint family property - Portion of property sold for legal necessity by one of co-owners who has right over property - Said portion will not be available for purpose of partition - However, vendor of such property should be allotted equitable share in partition...........
Limitation Act, 1963, Article 110 -- Limitation - Joint family property - Defendants claiming to be exclusive owner - As per oral and documentary evidence on record, defendants have failed to establish that plaintiffs have been excluded from joint possession of suit land and merely because plaintiffs are residing in their matrimonial house it cannot be held that they were..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with reference to boundaries of property - Prima facie issue for consideration in suit is whether suit property is a joint family property and whether claim of plaintiffs that suit property has fallen to their share is valid - It is not a case of boundary dispute - It cannot be said that..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Co-parcener died after coming into operation of Hindu Succession Act, without making testamentary disposition of his undivided share in joint family property - Deceased survived by his wife and daughter - Devolution of property of deceased is governed by Hindu Succession Act not by survivorship - Daughter..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to seek partition...........
Partition -- Joint family property - Possession and cultivation of item No.3 was by family, however, patta was granted in the name of defendant for the benefit of entire family - Since, there was no division of status among defendants and plaintiffs, thus, they all are entitled to equal shares in item No.3 to the extent of 1.5th share each...........
Muslim Law -- There is no concept of joint family in Muslims - However, it was open to a Muslim to give his property to his children in a particular manner during his lifetime, so as to avoid any dispute which could have arisen after his death...........
Hindu Law -- Ancestral property - Sale in public auction to clear family debts - Purchase of property by members of joint family - Property becomes their self acquired property - Property lost its character as an ancestral property...........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
