Hindu Law -- Joint family property - Alienation by Karta - Alienation in favour of defendant Nos.13 & 14 was for the purpose of legal necessity - It is not denied that Defendant No. 1 was Karta of joint Hindu family and agreements for sale as well as sale deed was executed by him - During his life time, father of plaintiff did not object to alienations - Sale was thus,..........
Partition suit -- Suit property alienated by Karta in favour of defendant Nos.13 & 14 for legal necessity - Plaintiff failed to seek any specific relief qua alienation in favor of defendant Nos.13 & 14 - In the absence of any such relief sought in respect of alienation in favour of said defendants, suit is liable to be dismissed...........
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..........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Hindu Succession Act, 1956, Section 8, 19 -- Property of Hindu male - Succession - Widow and four daughters of deceased received suit properties as his heirs - They take their individual shares as tenants in common - In the absence of suit properties being joint, there was no question of widow acting as a manager or Karta of family - Widow had no right to deal with suit..........
Partition suit -- Defendant No.2 was karta of joint family and he failed to establish his independent income to purchase properties that stood in his name - Properties purchased by defendant No.2 were impressed with seal of joint family since joint family possessed of adequate properties - Suit rightly decreed...........
Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Signatures of son of Karta on agreement to sell is not required - Karta is entitled to execute the agreement to sell and even alienate the suit property - Absence of signatures of son of Karta on agreement to sell does not..........
Specific Relief Act, 1963, Section 37, 38, 39, Protection of Women From Domestic Violence Act, 2005, Section 12 -- Suit for permanent/mandatory injunction against son and daughter-in-law - Plea by defendant under DV Act - Plaintiff claiming to be owner of suit property and that defendants are licensees in the property - Ownership of plaintiff not in dispute - There is no..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
