Showing : 11-20 of 20 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Hindu Law-- Joint Family Property - Alienation by Karta - Setting aside sale - Legal necessity - Onus to prove is on purchaser - Purchaser is to prove that he made proper and bona fide enquiry as to legal necessity and did all that was reasonable to satisfy himself as to the existence of such necessity -..........
SUPREME COURT OF INDIA
Year of decision: 1999
Details
Hindu Law-- Sale of joint family property by Karta - Legal necessity - Payment of income tax of more than 3 lakhs - Sale to meet debt of firm - Plea that all members of HUF not partners of firm - Not tenable - Business of firm was business of family - Legal necessity cannot be disputed...........
ORISSA HIGH COURT
Year of decision: 1999
Details
Hindu Law-- Joint Family Property - Alienation by Karta - Legal necessity - Defendant claiming sale to be for legal necessity to meet joint family expenses, such as expenses for education, marriages of their children and for treatment of wife of plaintiff who died in the year 1982 as well as to meet the..........
ORISSA HIGH COURT
Year of decision: 1999
Details
Hindu Law-- Joint Family Property - Alienation by Karta - Legal necessity - Onus is on the plaintiff to prove that alienation was not for legal necessity - In absence of any material as to what was the annual or monthly income and what was the expenditure of the family, it is difficult to conclude that the..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Suit for specific performance - L.R's of defendant seeking amendment of written statement to take up the plea that suit property is ancestral coparcenary/Joint Hindu Family Property and the proposed alleged sale vide the agreement in question was neither for..........
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..........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Hindu Law-- Joint Family Property - Sale - Whether for legal necessity? Trial Court held that sale was not for legal necessity - Appeal - High Court concurred with view taken by trial Court - However, question of necessity to execute such a sale deed not dealt with by the High Court - Observations made are..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Hindu Law-- Joint Family Property - Alienation - Some of the coparceners minor - Karta can sell for legal necessity or for the benefit of the family - Degree of prudence required for the Karta for alienation is greater than that of sole owner - Extent of care to be taken by alienee - Alinee is bound to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 1995
Details
Hindu Law-- Joint Family Property - Alienation - Some of the coparceners minor - On attaining majority partition sought claiming 1/6th share alleging sale not for legal necessity - Recitals in sale deed to purchase property somewhere else - Property not purchased - Sales made are neither for legal necessity..........
ORISSA HIGH COURT
Year of decision: 1989
Details
Hindu Law-- Agreement to sell - Manager entered into agreement for sale of Joint Family Property - Legal necessity not proved - No proof that creditor made bonafide enquiry as to legal necessity - Money taken by the Manager cannot be enforced against the legal representatives. (Specific Relief Act, 1963,..........

Showing : 11-20 of 20 Results