Hindu Law -- Joint Family property - Mortgage of property by Karta of HUF - Karta is entitled to mortgage HUF property - Son or other member(s) of HUF need not be consenting parties to the mortgage - Post alienation, a coparcenary may challenge the act of Karta, if alienation is not for legal necessity or betterment of estate...........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of appellants as co-parceners, could not be held as valid alienations and..........
Hindu Law -- Joint family property - Alienation by karta - Permanent injunction - Held, though co-parceners have right to challenge alienations made by Karta, they have no right to obstruct alienations - Therefore, Courts cannot grant relief of permanent injunction by restraining Karta from alienating coparcenary properties - Hence prayer of permanent injunction prayed..........
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 question alienation which took place before..........
Hindu Law Alienation of coparcenary property by Karta -- Restraining Karta from alienation - Held, Karta of Joint Hindu Family have right to manage coparcenary property and such right would include right to sell or mortgage ancestral property for legal necessity - However, coparcener has remedy to challenge alienation on the ground that same was not for any legal necessity..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Decree suffered by Karta of coparcenary property in the year 1991 - Challenged by daughter - Held, even as per the provisions of the Amended Act, the decree whereby the coparcenary property has been transferred by the `Karta' of the family in favour of the members of the coparcenary, cannot be challenged by daughter..........
Family Settlement -- Partition of joint Hindu family coparcenary amongst the coparceners including the Karta that is the father - Family arrangement accepted by all the coparceners - Property ceased to be coparcenary property - When a coparcener takes definite share in the property, he is the owner of that share - He can alienate the same by sale or mortgage in the same..........
Hindu Law -- Coparcenary property - Right of Karta to alienate - Karta has a right to alienate the property for legal necessity as such he cannot be restrained from selling the same - Right to challenge alienation of coparcenary property is available only after sale is complete and no injunction could be granted. (Specific Relief Act, 1963, Ss.37, 38, Civil Procedure Code,..........
Hindu Succession Act, 1956, Section 6, 8 -- Partition of coparcenary between two brothers - The property is the hands of sole coparcener allotted to him in partition shall be his separate property - Same shall revive only when a son is born to him - It is one thing to say that the property remains a coparcenary property but it is another thing to say that it revives - In..........
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..........
