Hindu Law -- Joint Family property - There is no bar that a member of joint family cannot acquire self-acquired property, nor there is presumption that property standing in the name of a co-sharer is a joint family property...........
Transfer of Property Act, 1882, Section 123 -- Gift - Self acquired property of a female - Hindu Female is competent to execute gift of her self-acquired property - No case of fraud is proved - However, gift deed is not executed in accordance with S.123 of the Act, as it is not attested by two witnesses - Gift deed held, void...........
Transfer of Property Act, 1882, Section 123, Hindu Succession Act, 1956, Section 15 -- Gift deed - Challenge as to - Self acquired property of a female - After death of Hindu Female in 1980, property would be succeeded by her husband only in absence of son or daughter as per S.15 of 1956 Act and after death of husband in 1984, property would go upon heirs of husband which..........
Transfer of Property Act, 1882, Section 123 -- Gift - Self acquired property - Gift deed executed by one of coparcener of his self acquired property to his brother i.e other co-parcenar/donee is a valid document - Merely because consent of minor son of donee was not taken, would not render gift deed invalid, as minor co-parcenar was under guardianship of her father/donee -..........
Specific Relief Act, 1963, Section 34, Registration Act, 1908, Section 17, 49 -- Suit for declaration of title - On the basis of u, registered exchange deed - Exchange deed being u, registered cannot be read in evidence in view of Ss.17, 49 of Registration Act - Even otherwise, there is no valid exchange deed adduced on record by plaintiff to prove his claim with regard to..........
Hindu Succession Act, 1956, Section 26 -- Succession - Hindu converting to other religion - Not disqualified to claim the property u/s 26 of the Act - Right to inheritance is not a choice but it is by birth and in some case by marriage, it is acquired - Renouncing a particular religion and to get converted is a matter of choice and cannot cease relationships which are..........
Hindu Law -- Joint family property - No proof of joint tenancy or family business or any other tharwad property to indicate that suit property is part of joint Hindu family - Rather recitals in sale deed point out that assignees had independent income from different avocations and they pooled their money to buy a single plot of land instead of three different properties -..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 2(f) -- Property - Means property of any kind, whether movable or immovable, ancestral or self acquired, tangible or intangible and even includes rights or interest in such property...........
Criminal Procedure Code, 1973, Section 102 -- Seizure/attachment of immovable property - Power of police u/s 102 Cr.P.C. - Where I.O. has reasonable material to belief that immoveable property is acquired from ill-gotten money and said property is required to be saved/protected from being alienated during pendency of case, he is at liberty to take appropriate steps in..........
Joint family property -- Gift of joint family property in favour of one of the sons, on the basis that same is acquired property - Not legally valid and cannot be acted upon...........
