Hindu Joint Family Property -- Alienation by Karta - Where a Karta has alienated Joint Hindu Family Property for value either for legal necessity or for benefit of estate it would bind the interest of all undivided members of the family even when they are minors or widows...........
Suit for possession -- Sale deed executed in favour of plaintiff regarding suit property - Defendant contended that suit property was procured from Joint Hindu Family Funds, thus, same is treated as Joint Hindu Family Property - There has been no challenge to the sale deed in question - More so, when vendor of plaintiff executed the sale deed and he never assailed any..........
Partition -- Joint Family Property - Residential property was purchased in the name of defendant in 1979 - Defendant contended that partition effected in 1960 and there was no joint family when said property was purchased and properties divided by entering into agreement in 1981 - However, neither any agreement was filed or proved nor there is any other evidence on record..........
Joint Hindu Family property -- Alienation by Karta - Injunction - Karta has right to sell property for legal necessity - Co-parcenars have no right to seek injunction on alienation...........
Joint Hindu Family property -- Suit for declaration that plaintiff is owner of suit land to the extent of 3/10th share - Plaintiff failed to lead reliable evidence that suit property is coparcenary property - He has not examined any elder member of family or villager - There is no evidence that grandfather of plaintiff had ever thrown self acquired property in common..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth in view of Vaneeta Sharma's case...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law - Coparcenary must..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Hindu Law -- Joint family property - Plaintiff alleges that property in dispute was purchased with sale consideration derived from sale of ancestral Joint Hindu Family Property - However, plaintiff has not lead sufficient evidence to prove the same - Even sale deed through which father of plaintiff purchased suit property has not been produced - It is not known as in how..........
