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..........
Hindu Law -- Doctrine of pious obligation - Liability of son for pre-partition debt - Mere partition would not exempt a son from liability for a pre-partition pious debts for which he was liable before partition - Even if sons were not made a party to the suit, they cannot resist the same unless they succeed in establishing that such debts were contracted for immoral..........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Hindu Law -- Partition - Property which fell to the share of father in partition between him and his sons was though ancestral, still it acquires the character of his separate or self acquired property when he did not beget any son or daughter to claim share by birth...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........
Hindu Law -- Partition - Suit by daughter claiming share in property owned by father - Suit property being HUF properties stood owned by his three sons by virtue of compromise decree passed in 1976 - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered - Plaintiff being a..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Father died intestate leaving behind his widow and four sons - On his death S.6 proviso of Act would apply - Equally upon application of S.6 Explanation 1 of Act, a partition must be said to have been effected by operation of law immediately prior to death...........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any way, be a bar for making a claim..........
