Showing : 11-20 of 40 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu..........
DELHI HIGH COURT
Year of decision: 2015
Details
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..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Hindu Succession Act, 1956, Section 8-- Coparcenary property - Partition - After partition in Hindu family, the property fallen to the share of one of the coparceners becomes his separate property - In case of death of such a Hindu male, intestate, the property fallen to his share devolves through succession in favour of his Class-I..........
HYDERABAD HIGH COURT
Year of decision: 2015
Details
Hindu Succession Act, 1956, Section 8-- Coparcenary property - Whenever, a Hindu male who is a member of coparcenary dies before any partition in family, his interest in coparcenary property would devolve by survivorship on other coparceners and not by succession u/s 6 of Hindu Succession Act...........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11-- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6- - Coparcenary property - Death of male Hindu - Devolution of interest - Held, S.6 pertains to devolution of interest of deceased male Hindu in coparcenary property when he had left female relative specified therein and does not pertain to devolution of whole of coparcenary property he was holding..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Coparcenary property - Interpretation of - Coparcenary property means property which consists of ancestral property and coparcener would mean person who shares equally with others in inheritance in the estate of common ancestor - Property in the hands of sole coparcenor allotted to him in..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Devolution of coparcenary property - Coparcenar getting interest in ancestral property on partition - Alienated the same - Had no issue at the time of alienation of property - Subsequently son born to him - Son challenged the alienation - Sustainability - Held, son born subsequently cannot..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2012
Details
Hindu Law-- Seeking separate possession in Joint Hindu Family Property - Held, even though, coparcener would have interest in coparcenary property by birth but he would not be entitled to separate possession of same unless partition takes place...........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was..........

Showing : 11-20 of 40 Results