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Results of legal necessity to sale joint hindu property

Showing : 1-10 of 28 Results

BOMBAY HIGH COURT

Year of decision: 2019
Details

Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Hindu Law -- Joint Family Property - Alienation for legal necessity and/or to pay the `antecedent debt' - Sale deed executed was to clear/pay the `antecedent debt' and for legal necessity of the family members - Finding of High Court calls for no interference...........

MADRAS HIGH COURT

Year of decision: 2018
Details

Hindu Law -- Ancestral property - Alienation - Challenge as to - Father sold the property for well being of Hindu Joint Family and out of legal necessity in order to clear debts and for meeting family expenditure - Even sale consideration was invested in purchasing another property by father and still the property was available for benefit of plaintiffs being his children..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Customary Law -- Meo tribe - Status of widow in the agricultural tribe of meos in the State of Punjab is not lower than that of karta of joint Hindu Family Property, who could also sell the joint coparcenary Hindu Family property for legal necessity - Karta cannot be restrained from alienating the coparcenary property - Sale can be challenged only after it is complete on..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Hindu Law -- Joint Family Property - Sale - Plea of legal necessity - Recital in the sale deed which is executed just few years prior to the suit about the existence of legal necessity is not the proof of legal necessity - Recital of legal necessity in the sale deed can at best be used to corroborate any substantive evidence of legal necessity adduced by the parties...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Specific Relief Act, 1963, Section 19, Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Permanent Injunction - No injunction can be granted to coparcener for restraining the Karta of Joint Hindu Family property from alienating the coparcenary property - Coparcener has right only to challenge the alienation after execution of sale deed by Karta on the ground..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Hindu Law -- Joint Hindu family property - Alienation by Karta - Challenged by co-parcener - Concurrent finding of fact that part property is self acquired, where as other ancestral property in hands of vendor - Sale without legal necessity - Sale qua self acquired property valid - Sale qua ancestral property not binding on plaintiff/co-parcerner. Manohar Lal's FB relid...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2006
Details

Hindu Law -- Sale of Joint Family Property by Karta - Alienees has to establish either the transaction was in fact justified by legal necessity or for the benefit of the estate or they had made reasonable and bona fide enquiries as to the existence of the necessity and satisfy themselves that the manager was acting for the benefit of the estate...........

Showing : 1-10 of 28 Results