Hindu Succession Act, 1956, Section 6 -- Joint Family Property - Death of Karta in 1961 - Notional partition just before the death of Karta would have to be presumed, following the provisions of S.6 of the Act - Share of widow of a Karta also recognized by notional partition - After the death of Karta his share would devolve by intestate succession in the absence of Will...........
Hindu Law -- Partial partition - Partial partition is prohibited for a good reason as partition has effect of breaking up a joint Hindu family - If such a family is disrupted, it stands to reason that family should break up completely and whole family property should be divided...........
Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........
Protection of Women From Domestic Violence Act, 2005, Section 17, 19 -- Shared household - Right of residence in house owned by grandfather of husband - Wife not pointed out any material on record to prove that house in question is Joint Hindu Family Co-parcenary property of which husband is one of the members, thus, having right by birth - Even if the house in question is..........
Hindu Law -- Ancestral property - Owner of property died intestate in 1947 - Two sons of deceased inherited the property - Daughters of deceased did not make any claim in the property directly - However, they claimed a share through their mother - But there is nothing to suggest as to how widow of deceased acquired any share in suit property - There is no such averments..........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Hindu Law -- Partition suit - Joint family property - A prima facie material should be placed by the parties to indicate that it is their family property held jointly and available for partition - Mere acceptance or denial of contesting parties is not sufficient to decide claim unless there is prima facie material to show contesting parties are owners of properties in..........
