Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
Ancestral property -- An ancestral property is a coparcenary property, where "coparceners" are legal heirs with an inherent interest in the property from birth - Such properties remain undivided within joint families, with legal heirs enjoying their shares...........
Hindu Law -- Joint Family Property - Gift by Karta - Karta has no right to execute gift deed in respect of part of joint family property without the consent of other coparceners...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Adoptee on adoption ceases to be coparcener of his/her birth and forgoes interest in ancestral property in the family of his birth - Only if a partition has taken place before adoption and property is allotted to his share or self acquired, obtained by Will, inherited..........
Hindu Succession Act, 1956, Section 2(2) -- Tribal woman - Applicability of the Act - Partition suit - There is no whisper about custom or practice in the community in which parties are living - In absence of any such proof, trial Court rightly concluded that parties to suit are to be construed as Hindus for the purpose of application of the Act and granted relief of..........
Agreement to sell -- Direction to register sale deed after passing of decree of specific performance - Decree cannot be held to be unexecutable merely for the reason that suit for partition is pending between coparceners - Moreover, registration of sale deed would not affect right or share of any of other coparceners - Applicant is also a party to suit for partition and..........
Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........
Hindu Law -- Joint Family Property - Alienation by Karta - Where alienation of joint family property is not made with the consent of all coparceners, it is voidable at the instance of coparcener whose consent has not been obtained...........
