Hindu Law -- Joint Family Property - Separate property of Hindu coparcener does not acquire the characteristics of joint family or ancestral property but by his volition and intention by his waiving or surrendering his special right in it as separate property...........
Hindu law -- Self acquired or ancestral property - Nature - Unless and until it is proved by cogent evidence that property is having ancestral character, it is presumed that property is self acquired...........
Hindu Law -- Ancestral property - Devolved through Will executed by father - Held, property in hand was not ancestral in its nature and character...........
Hindu Law Ancestral Property -- Interest of child in womb - Right accrues from the date of conception in womb - Even if he may not be in actual control of the property, he has inalienable right to own said property - While determining shares in said holding, right of such child has also to be looked into...........
Hindu Law Alienation of coparcenary property by Karta -- Restraining Karta from alienation - Held, Karta of Joint Hindu Family have right to manage coparcenary property and such right would include right to sell or mortgage ancestral property for legal necessity - However, coparcener has remedy to challenge alienation on the ground that same was not for any legal necessity..........
Hindu Law, Hindu Law -- Ancestral property - Right of Karta to alienate - Karta has a right to sell property to bind junior members so long as sale could be supported by legal necessity or family benefit - Legal necessity is understood as such necessity which is in the nature of a requirement for any debts binding on family or valid expenses incurred antecedent to sales -..........
Hindu Law, Hindu Law -- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's share in property - Law permits an exercise by a member..........
Hindu Law -- Nature of property - Ancestral or self acquired - Once the father inherits the properties of his father which was his self acquisition, it becomes ancestral property in which his sons can claim a share in partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - On and from 9.9.2005, daughter is entitled to a share in the ancestral property and is a coparcener as if she had been a son...........
Hindu Marriage Act, 1955, Section 16(3) -- Illegitimate children - Right of such children in the property of their parents which is self acquired property and ancestral property - With the amendment of the provision such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral - Since this view is in conflict with the..........
