Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Co-sharer in joint possession in normal circumstances cannot seek injunction against other co-sharer - Even if, a co-sharer is in exclusive possession, other co-sharer, who is in possession of property cannot use property to detrimental to other co-sharers so as to render property unfit for use in case such..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate possession of her share in joint family..........
Partition -- Claim by daughter and her mother - Part of properties were purchased by respondent No.8 along with other four co-owners - No evidence produced by respondent No.8 to show that he has any other source of income than income from joint family property - Said part of properties thus, purchased from income of joint family properties - Daughter and her mother held,..........
Hindu Succession Act, 1956, Section 8 -- Succession - If a co-parcenary property or a joint Hindu Family property or ancestral property is succeeded on the death of common ancestor u/s 8 of the Act, property received under an intestate succession shall be self-acquired property and not co-parcenary property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Words `being joint Hindu Family Property' were inadvertently left in written statement - Said words were sought to be incorporated by way of amendment of written statement - Amendment of written statement can be allowed at a belated stage - Only requirement is that Court must be satisfied that..........
Muslim Law -- Concept of `joint family property' is foreign to Muslim Law - Plaintiffs have no right of inheritance in property of their grandfather specially when their father is alive...........
Hindu Law -- Joint Family property or exclusive property of plaintiff - Suit for restoration of possession, mesne profits and permanent injunction - House in question allotted in the name of sister of plaintiff and after her marriage said allotment changed in the name of plaintiff - Entire family was residing in the house in question right from the beginning - Plaintiff..........
Hindu Succession Act, 1956, Section 29A(as -- Right of daughters to claim partition - Ancestral property - Only u, married daughter of a coparcener is entitled to claim partition of Hindu Joint Family Property - Since plaintiffs are married prior to commencement of Amendment Act, they were not coparceners in Hindu Joint Family Property - Plaintiffs held, not entitled to..........
Rent and Eviction -- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are occupying the property or not - It is sufficient for..........
Registration Act, 1908, Section 17 -- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........