Agreement to sell -- Karta of Hindu Joint Family - Legal necessity - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - A coparcener cannot seek injunction against Karta restraining him from dealing with or entering into a transaction of sale of Joint Hindu Family Property, albeit post alienation has right to challenge the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
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 -- Joint Family Property - Agricultural land of coparceners/co-sharers - Sale of - Sale of undivided share of a coparcener/co-sharers is unlaw/illegal when various statutes put an embargo on fragmentation of holdings below the prescribed extent...........
Hindu Succession Act, 1956, Section 14 -- Coparcenary property - Where a coparcener takes definite share in the property, he is owner of that share and as such he can alienate the same by sale or mortgage in the same manner as he can dispose of his separate property - Purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of..........
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..........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale of Joint Hindu family property by karta - Suit for declaration that plaintiff coparcener in suit property and sale deed effected by karta is null & void and not binding on his rights - Court fee is payable u/s 7(iv)(c) of Act...........
