Hindu Law -- Joint family property - Relinquishment does not empower other shareholder any right, title and interest and any departure from shares of joint family property may be through any registered instrument...........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Hindu Succession Act, 1956, Section 6, 8 -- Succession - Partition suit - Character of properties as ancestral joint family property admitted - One `P' proved to be first wife of defendant no.1, thus by virtue of Amendment Act, first defendant, said `P' and children born to them as defendant no.2 and plaintiffs would be entitled to equal shares as co-parcenars in joint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Protection of Women From Domestic Violence Act, 2005, Section 2(s) -- Shared household - Property of father - Suit premises were neither owned nor tenanted by son nor did premises belong to joint family comprising father and son - Father purchased the property against valuable consideration and he undoubtedly has a better title over suit property as against son and..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
Joint Family Property -- Suit for cancellation of sale deeds - Father of plaintiffs along with his three sons/plaintiffs was alive on date when UP Zamindari Abolition and Land Reforms Act was notified - Joint Hindu family disintegrated after abolition of zamindari and every individual became a tenure holder in his own right - Individual bhumidhar therefore, could have..........
Wakf property -- Appointment of Mutawalli - Waqif executed registered wakf deed dedicating properties belonging to himself to his son and so, i, law - So, i, law's, descendents thus, would naturally be waqif's descendents through female line - If waqif had intended to exclude his descendents through female line from succession to mutawalliship, he would expressly state..........
Hindu Law -- Joint family property - Sale of part of property - Where a share holder of joint family property executes a sale deed in respect of a particular part of joint family property, purchaser would only get interest as joint holder and he is not entitled to claim specific property and he can only claim partition in undivided joint family property...........
Hindu Law -- Joint Family Property or coparcenary property - Person who claims a particular property to be joint Family Property or Coparcenary has to establish his plea by leading evidence - Nature of suit property to be joint Hindu Family Coparcenary Property cannot be decided on the basis of admission made by a contesting party or any other party to litigation...........
