Hindu Succession Act, 1956, Section 6, 14(1), 14(2) -- Three brothers holding family property jointly - Death of one of the brothers in 1954 - Partition of family property between brother and widow of the deceased by way of family arrangement - Widow getting share of her deceased husband - Widow selling property which fell to her share - Challenge against sale by brothers..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Decree suffered by Karta of coparcenary property in the year 1991 - Challenged by daughter - Held, even as per the provisions of the Amended Act, the decree whereby the coparcenary property has been transferred by the `Karta' of the family in favour of the members of the coparcenary, cannot be challenged by daughter..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Scope - After the commencement of the Amended Act, a daughter has also got equal right as that of a son in the coparcenary property subject to an exception added in the proviso that the provision of sub Section (1) of Section 6 of the Act would not affect or invalidate any disposition or alienation including the..........
Co-sharers -- Injunction against other co-sharers - A co-sharer can seek relief of injunction against other co-sharers when such co-sharer is in exclusive possession to the exclusion of other co-sharers - However, when possession of all co-sharers is joint, relief of injunction cannot be sought by either of the co-sharers and the only relief which is available to the..........
Criminal Procedure Code, 1973, Section 145, 146(1) -- Attachment of shop - Joint possession - Petitioner claiming exclusive business in the shop in dispute whereas respondents No.2 & 3 claiming joint business - No documentary evidence to show that there was joint business in the shop - In case of joint possession and joint ownership no proceedings can be initiated by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
Partition suit -- Plaintiff claimed one half share in suit properties on strength of sale deed - Execution of sale deed in favour of plaintiff not specifically denied in written statement - However, defendant set up defence that predecessor-in-interest of plaintiff executed sale agreement in his favour, but died before executing regular sale deed - Even suit for specific..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Plaintiff are owners in possession of suit property to extend of half share - Plaintiffs are only heirs after the death of deceased and said fact not denied by defendants - Moreover, as per defendants deceased predecessor-in-interest of plaintiff executed an agreement to..........
Civil Procedure Code, 1908, Order 21 -- Execution of decree - Agreement to sell - Suit for partition - Execution of agreement to sell does not confer any title itself in favour of party - Simply because for specific performance of alleged agreement to sell which was filed subsequently to present suit is pending, cannot be a ground to deny plaintiff to seek their right of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - At the behest of a purchaser from a co-owner against another co-owner - Similiciter suit for injunction filed by a purchaser from a co-owner against another co-owner is not maintainable - When suit itself is not maintainable then ad interim injunction cannot be granted - The only remedy available to..........
