Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Hindu Law -- Co-parcenary property - Members of joint Hindu family have no definite share in coparcenary property, but he has an undivided interest in property which is always subject matter of enlargement by death and diminished by birth in family - Interest in coparcenary property accrues to son from the date of his birth and his interest is always equal to that of his..........
Co-owner -- Sale - Co-owners in exclusive possession of specific portion of joint property - Sale by co-sharers is valid since they were in exclusive possession of the same - However, sale is subject to determination of their share at the time of partition...........
Hindu Law -- Coparcenary property - A Hindu coparcenary is a much narrower body than joint family - It includes only those persons who acquire interest by birth in joint or coparcenary property...........
Hindu Law -- Self acquired property - After abolition of PEPSU Ala Malkiat Rights Act, where Adna Malik has acquired absolute rights in property has been held to be his self acquired property and it cannot be held to be Joint Hindu Family Property and Coparcenary Property...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mere suit for declaration simpliciter would not be maintainable without seeking consequential relief of possession, when there is no evidence on record that plaintiff was in joint possession of suit property...........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........
