Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2017, Rule 22(3)(1)(i) -- Eviction petition - Plea of ancestral property taken by daughter-in-law - Plea rejected, as S.22(3)(1)(i) of Rules 2017 stipulates that senior citizen or a parent can make an application to..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 20, 22 -- Maintenance - Joint family property - Husband had a right in joint family properties - After death of husband, wife acquired such right - Since wife was not given her share in joint family properties, she has right to claim monthly maintenance from her in-laws till she gets a share in husband's..........
Partition suit -- Foundation of claim of plaintiff is the partition deed through which ancestral properties fell to share of her father - Plaintiffs thus, not permitted to contend that they are not bound by said partition deed - Father of plaintiff settled his share of properties allotted to him in said partition deed in favour of his grandson/defendant No.2 - No evidence..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Suit for partition - Amendment sought to include more ancestral properties - Petitioner failed to establish that he was not aware about the remaining ancestral property or he came to know about that immediately at the time of filing application - Application..........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Once factum of existence of legal necessity stood proved, no coparcener has a right to challenge sale made by Karta...........
Hindu Law -- Ancestral property - Sale for legal necessity by Karta - Karta of family had every right to sell suit land belonging to family to discharge debt liability and spend some money to make improvement in agricultural land for maintenance of his family - Existence of legal necessity stood proved - Plaintiff being son of Karta was one of coparceners along with his..........
Hindu Marriage Act, 1955, Section 16(3) -- Children born out of void marriage - Though regarded as legitimate are not entitled to any share in ancestral coparcenary joint family properties of their parents - Their right to claim share remains limited only to the extent of separate property of their father and such right will accrue only on death of their father, by way of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and not void, therefore suit is..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no need to direct plaintiffs to..........
Civil Procedure Code, 1908, Order 11, Rule 12 -- Discovery of document - Maintainability - Suit for partition and separate possession - Defendants alleged that plaintiffs are in possession of original deeds but failed to file any material to the same - Fact that the suit property is ancestral and plaintiffs clearly stated that they are not in possession of said documents -..........
