Hindu Law -- Joint family property - If family was joint headed by a Karta and land revenue was also being paid in respect to land acquired in the name of certain individual members of joint family from joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint family fund otherwise property acquired would..........
Hindu Law -- Joint family property - Revenue entries - Merely on basis of changes in subsequent Revenue record, it cannot be said that joint tenancy came to an end, particularly when nothing on record to show that there was a partition or family settlement...........
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...........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Hindu Succession Act, 1956, Section 8 -- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this effect...........
Consent decree -- Family settlement - Challenge to decree - Plea of self acquired property - In a Joint Hindu Family, self-acquired property once put in common hotch-potch, it gets blended with the Joint Hindu Family and therefore, the family settlement even with regard to the property which was self-acquired is permissible...........
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 suit property other..........
Hindu Marriage Act, 1955, Section 16(3) -- Children born out of void marriage - Though regarded as legitimate are not entitled to any share in ancestral coparcenary joint family properties of their parents - Their right to claim share remains limited only to the extent of separate property of their father and such right will accrue only on death of their father, by way of..........
