Hindu Law -- Joint Family Property - Devolution of interest - Two suits regarding same facts - No evidence on record to show that property was purchased from the income of joint family and was not self acquired property of executor - Neither there existed a valid gift deed which would confer any right upon plaintiff in Ist suit nor any valid will existed which would..........
Hindu law -- Joint family property - Partition as a result of collusion - Estoppel - Defendant No.2 with the help of his brother and father pleading prior partition in 1964 - Purpose of plea was only to help defendant No.2 to defeat the claim of his wife and ensure collusive decree - Defendant No.2 cannot take advantage of said plea and allege that defendant No.1 is..........
Hindu law -- Ancestral property - Partition - Property obtained by a coparcener on partition is ancestral joint family property in which sons born or adopted subsequently have rights notwithstanding that dividing member was a sole coparcener at the date of partition...........
Hindu law -- Self acquired property - No material to show that `C' schedule properties are self acquired properties of deceased - No evidence on record as to income from any other source other than ancestral properties from which `C' schedule properties could have been acquired - There is a presumption that acquisition from ancestral properties form part of joint family..........
Will by coparcener -- A coparcener can execute a Will bequeathing his undivided interest in joint family properties but not any specific property in favour of another coparcener or stranger. (Hindu Succession Act, 1956, S.30)...........
Hindu Law -- Joint family property - Alienation - Legal necessity - If a Karta alienates some property for maintenance purpose, then it can be said that it was done for legal necessity...........
Hindu Law -- Joint family property - Alienation - Legal necessity - When Karta alienates property and it is more than his own interest in joint family property, then other members are entitled to file suit to set aside alienation and only to the extent of interest of such other coparceners, alienation can be set aside - Alienation cannot be set aside in entirety and other..........
Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation made by Manager/Karta for maintenance has to be treated as alienation for legal necessity...........
Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation by Karta of more than his own interest in joint family property - Alienation which is not for legal necessity can be challenged by other members of joint family - In such a situation, alienation made to the extent of the shares of such members can be set aside, but the alienation of his own..........
Hindu Law -- Joint Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........
