Family settlement -- In a family settlement cum partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common...........
Family Settlement - - Joint family property - Non participation by a coparcener - It is binding when it is family settlement by Karta and it is not binding when family settlement is not by Karta...........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
Hindu Law -- Joint family property - Held, in order to establish that property belongs to joint family, it must be established that a joint family had sufficient nucleus at the time of its acquisition...........
Hindu Law -- Joint Hindu Family - There is no presumption of a property being joint family property only on account of existence of a Joint Hindu Family - One who asserts has to prove that property is a joint family property - Person so asserting when proves that there was nucleus with which the joint family property could be acquired, then there would be presumption of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Shared household - Arrears of maintenance - Liability to pay - At first instance award of maintenance will be enforceable against husband but if daughter-in-law is able to prove by adducing evidence that it is joint family property or ancestral property in which husband has right, then daughter-in-law..........
Evidence Act, 1872, Section 17 -- Admission - Self acquired property - Admission in writing that property is joint family property - Held, property has to be treated as joint family property as such a character gets impressed on the property, the moment such admission in writing is made...........
Hindu Law -- Ancestral or self acquired property - An estate which was impartible by customs could not be said to be separate or exclusive property of holder of estate if holder had got estate as an ancestral estate and had succeeded to it by primogeniture - There has to be established clear intention on the part of junior members of family to renounce or surrender their..........
Hindu Law -- Joint family property - Alienation by karta - Karta or Manager can alienate joint family properties in four situations namely (a) for legal necessity; (b) for discharge of antecedent debts; (c) for benefit of estate; (d) or with consent of all co-parceners of family...........
