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Results of joint property

Showing : 661-670 of 764 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Hindu Law -- Coparcenary property - Hindu Undivided family property - Right of female member of HUF to claim partition - A sole surviving male coparcener can constitute a HUF with a female member of the family but by virtue of her being a member of HUF that female does not become coparcener - The female can be a member of HUF but not of coparcenary - She does not have..........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Hindu Minority and Guardianship Act, 1956, Section 12 -- Joint Hindu Family Property - Minor's interest in such property - Sale by father - Father may sell such property including son's interest therein to discharge antecedent debt or for legal necessity - Burden to prove existence of legal necessity or antecedent debt is on alienee - Where this burden is not discharged,..........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of fact - Legal necessity for alienation of joint family property - Concurrent finding that there is no such legal necessity - Such finding cannot be interfered in second appeal, when such finding is not vitiated by any error of law...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Easement Act, 1882, Section 13 -- Easement of necessity - Joint owners - Property partitioned - No evidence that plaintiffs had been making use of any part of property as a passage to go to their fields - Not a case where plaintiffs had an earlier right to pass through land of defendants - Plaintiff unable to substantiate their case in terms of clause (e) i.e. if an..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Co-sharers -- Inter se rights and liabilities - AIR 1961 Punjab 528 followed therein held:(1) A co - owner has an interest in the whole property and also in every parcel of it (2) Possession of joint property by one co - owner is in the eye of law, possession of all even if all but one are actually out of possession.(3) A mere occupation of a larger portion or even of an..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Agreement to sell -- Suit for specific performance - Joint Family Property - Agreement executed by father as Karta of joint family consisting of himself and his sons (one major and six minors) and signed by father and major son - Defendants raising plea that agreement was obtained by fraud or misrepresentation not established - Evidence disclosing that family was indebted..........

ANDHRA PRADESH HIGH COURT

Year of decision: 1997
Details

Agreement to sell -- Joint Family Property - Minors - Agreement executed by father as Karta and as guardian of his minor sons - To bind the minors, agreement must be proved to be for the benefit of family and supported by legal necessity and for adequate consideration...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 1997
Details

Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Injunction cannot be issued restraining the co-sharer from alienating the property till such time the land is partitioned - Sale of even a specific portion out of the joint land by a co-sharer shall be deemed to be sale of a share out of joint land...........

KARNATAKA HIGH COURT

Year of decision: 1997
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Partition suit - Impleadment as defendant in partition suit in which trial Court has already passed preliminary decree - Applicant claiming joint ownership of suit property under Will - When preliminary decree, having not been challenged in appeal, has become final, question of impleading applicant does not arise -..........

SUPREME COURT OF INDIA

Year of decision: 1997
Details

Appeal -- Abatement - Non impleading of L.R's - Suit for permanent injunc-tion filed by three brothers as co-owners of joint family property against Munici-pal Council decreed - One brother died during pendency of appeal - Non impleading of L.R's despite knowledge - Suit filed by all the co-owners showing that all of them intended to exercise their right as co-owners -..........

Showing : 661-670 of 764 Results