Hindu Law -- Partition - Plaintiffs contended that suit property is Undivided Hindu joint Family Property while defendants contended that partition took place between father of defendant No.1 and husband of plaintiff No.1 under a registered partition deed - However, defendants failed to examine the attestors and scribe of the document to prove execution of partition deed..........
Hindu Law -- Partition - Effected between the members of Hindu Undivided Family by their own volition and with their consent cannot be reopened, unless it is shown that the same is obtained by fraud, coercion, misrepresentation or undue influence...........
Partition -- Leasehold land - Leasehold rights in the land underneath the property are to subsist in the parties in equal undivided share - It is only the superstructure which is to be divided - Partition not to affect the payment of rent under the perpetual lease deed which is not to be divided/sub divided...........
Hindu law -- Coparcenary property - Gift - When property is held by coparceners jointly, no coparcener can claim that a particular piece of land or property exclusively belongs to him and so he cannot gift a specified item of property - Though a coparcener can make a gift of his undivided interest in coparcenary property to another coparcener or to stranger with prior..........
Will by coparcener -- A coparcener can execute a Will bequeathing his undivided interest in joint family properties but not any specific property in favour of another coparcener or stranger. (Hindu Succession Act, 1956, S.30)...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Permission of Court to sell minors property - In case of undivided interest in co-owned property, permission of Court would be required u/s 8 of the Act...........
Haryana Development and Regulation of Urban Areas Act, 1975, Section 3(3)(a)(iv), Haryana Apartment Ownership Act, 1983, Section 3(f)(1), 3(f)(2), 3(f)(3), 3(f)(4), 3(f)(5), 3(f)(6), 3(f)(8) -- Community and commercial facilities - Rights of apartment owners vis-a-vis colonizers - Held, apartment owners are entitled to an undivided interest in common areas and facilities..........
Hindu Law -- Ancestral or self acquired property - An estate which was impartible by customs could not be said to be separate or exclusive property of holder of estate if holder had got estate as an ancestral estate and had succeeded to it by primogeniture - There has to be established clear intention on the part of junior members of family to renounce or surrender their..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Death of male Hindu - Devolution of interest - Held, S.6 pertains to devolution of interest of deceased male Hindu in coparcenary property when he had left female relative specified therein and does not pertain to devolution of whole of coparcenary property he was holding at the time of his death - In view of..........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Absence of any proof regarding existence of antecedent debts or legal necessity - Held, alienations in questions made by respondent No.7 in respect of suit properties, which were coparcenary properties, having undivided shares of appellants as co-parceners, could not be held as valid alienations and..........
