Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration and permanent injunction - Ancestral property - Partition has not taken place and if without any partition, transfer of disputed property is done, then same would amount to multiplicity as well as complexity of litigation - Application allowed. ( Paras 7 & 8)..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male - Succession - Once a property is acquired by way of succession, same loses its ancestral character...........
Ancestral property -- Tribal woman or her legal heirs - Neither any particular law of a community nor custom brought into application by either side - Unless otherwise prescribed in law, denying female heir a right in the property only exacerbates gender division and discrimination, which law should ensure to weed out - In the absence of custom of female succession or a..........
Joint Family Property -- Partition suit - Partition took place in 1983 and portion of suit property was purchased by defendant No.1/father of plaintiff in 1984 - Since partition was held among family members of first defendant, his parents and brothers and sister, ancestral property ceased to be joint family property on the date of partition itself - Suit for partition..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Determination of income of husband - Deductions - EMIs being paid by husband towards his ancestral house - Such voluntary financial obligations especially when incurred for ancestral property that does not exclusively belong to petitioner cannot be considered as mandatory deductions while determining..........
Hindu Law -- Ancestral property - Once property had been received by way of testamentary succession and not by way of inheritance, suit property could not be said to be ancestral/joint Hindu Family coparcenary property...........
Hindu Law -- Ancestral property - Ancestral character of a property has to be proved by leading cogent evidence and said issue cannot be decided on basis of presumptions...........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is aged about 44 years working as Panchayat teacher earning Rs.45,857 p.m including all allowances - He has ancestral property measuring 2 katha of undivided land - Wife is residing with her parents and she runs home tuitions - One time lump sum amount of Rs.15 lacs is reasonable, just, balance and fair..........
Hindu Succession Act, 1956, Section 8 -- Succession - Property inherited u/s 8 of Hindu Succession Act is a separate property of all legal heirs - It does not have ancestral character - In view of S.19 of Hindu Succession Act, property is inherited as tenants in common and not as joint tenants...........
