Joint Hindu Family property -- Suit for declaration that plaintiff is owner of suit land to the extent of 3/10th share - Plaintiff failed to lead reliable evidence that suit property is coparcenary property - He has not examined any elder member of family or villager - There is no evidence that grandfather of plaintiff had ever thrown self acquired property in common..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Parties to lis are joint owners of suit land - Plaintiff became co-owner of suit land by way of sale deed in his favour - But plaintiff has not been able to prove that at the time of execution of sale deed, he was given exclusive possession of suit property - Plaintiff thus failed to show prima facie..........
Will -- Probate - Objection that Will not signed by attesting witnesses, taken by Testamentary Department - Attesting witnesses of Will filed their affidavits stating that they were very much present at the time when deceased executed Will in the office of Joint Registrar and have even signed as witnesses on registration page - Objection taken by Testamentary Department..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth in view of Vaneeta Sharma's case...........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Right of daughter - Co-parcenary property - Daughter at the time of death of his father was major - She thus, deemed to be coparcenar in joint family property since the time of her birth - However, act of father in order to deny right of daughter firstly through a claim of family partition and securing a decree on..........
Insolvency and Bankruptcy Code, 2016, Section 434(1)(c) -- Transfer of winding up proceedings pending in High Court to Tribunal - Proceedings for winding up of a company are actually proceedings in rem to which entire body of creditors is a party - Proceedings might have been initiated by one or more creditors but by a deeming fiction petition is treated as a joint..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Law as to : (i) Consolidation of two suits need not necessarily be by agreement of parties; (ii) Consent of parties is not necessary for consolidation of suits, but it is always necessary to hear all parties concerned before ordering consolidation of suits; (iii) Issues in each suit must be framed and..........
Co-sharer -- Co-sharer in actual physical possession of a specific portion out of big parcel of joint land is entitled to deliver possession thereof to anyone - No doubt, sale of a specific portion or parcel of land out of joint property by a co-sharer shall be deemed to be sale of undivided share out of joint land - However, there is no bar either in delivery of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Definition of shared household u/s 2(s) of the Act, cannot be read to mean that shared household can only be household which is household of joint family of which husband is a member or in which husband of aggrieved person has a share...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
