Release deed or conveyance deed -- Surrender of right in favour of a co-owner in a joint property would be a release whereas a surrender of right in favour of a third party, having no right in the property which is surrendered then such surrender will be a conveyance - Enlargement of an existing right in an unpartitioned property of a family member at the end of a..........
Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Although, co-sharer cannot put a vendee in possession without there being any physical formal partition of an undivided landed property, yet such a co-sharer definitely has a right to transfer his undivided share...........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Purchaser of a coparcenar's undivided share in joint family property is not entitled to possession of what he had purchased - But he has a right to sue for partition of property and ask for allotment of his share in suit property...........
Joint Family Property -- Alienation by co-sharer - Co-sharer can alienate undivided joint family property only to the extent of his share - He cannot sell any specific portion of joint land - Alienation of property beyond his share is void...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Hindu Law -- Joint Family property - There is no bar that a member of joint family cannot acquire self-acquired property, nor there is presumption that property standing in the name of a co-sharer is a joint family property...........
Family settlement -- Hindu Joint Family Property - Once there was a family settlement and property was divided through compromise, which was recognized in a civil Court decree, no doubt was left that property is exclusive property of co-sharer - Property does not continue to be Hindu Joint family coparcenary property...........
Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
