Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed, S.23 of the Act was in force and..........
Hindu Succession Act, 1956, Section 6, 23 -- (as per 2005 amendment) - Co-parcenary rights of daughter - Suit for partition of undivided dwelling house - S.6 confers rights on daughters irrespective of when they are born - Omission of s.23 from 1956 Act confers right on Class-I female heir to claim partition in dwelling house without any eventualities - Hence, plaintiff..........
Hindu Succession Act, 1956, Section 23(as -- Dwelling house - Right of female to seek partition - Female being class - I heir is now entitled to seek partition of dwelling house in view of amendment of S.23 of the Act - Even though suit filed prior to said amendment but since the lis is continuing in second appeal which is already admitted, there arises no legal objection..........
Agreement to sell -- Specific performance - Property is joint Hindu Family Coparcenary property of defendants and was being used as dwelling house - No partition has been effected among legal heirs - Suit for specific performance of agreement was filed by plaintiff - Possession cannot be done without partition...........
Hindu Succession Act, 1956, Section 23 -- Partition suit - Right of married daughter - Dwelling house - Held, in view of S.23 of the Hindu Succession Act, only unmarried daughters could claim a right of residence in the dwelling house...........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that Amendment Act 2005 cannot be..........
Hindu Succession Act, 1956, Section 23 -- (Prior to deletion) - Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that..........
Will -- Postponement of date of vesting of legacy - Testator gave 50% of the dwelling house to the brother and 50% to her sister and after the death of sister said brother was entitled to occupy the house absolutely - Thus only life interest was created in favour of sister - Suit of partition was maintainable by her but interest of the sister was confined to life interest..........
Partition Act, 1893, Section 4 -- Applicability of the provision - Conditions precedent are: (1) the dwelling house must belong to undivided family; (2) the transfer must be made to a stranger; (3) transferee has filed the suit for partition and (4) shareholder claims and undertakes to buy the share of the stranger...........
Partition Act, 1893, Section 4 -- Married daughters - Filed suit for partition of family dwelling house - Son claiming right of pre-emption - Held, suit for partition is not maintainable - Plaintiff is not entitled to transfer their interest in the family dwelling house in favour of a stranger and if they decide not to reside in the family dwelling house and desire to..........
