Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Against a family member who is in joint possession of property - Maintainability - Property belongs to mother - She permitted both sons to reside in the same house jointly but executed Will in favour of plaintiff only - Once it is established that defendant has no right, title or interest in the..........
Consent decree -- Family settlement - Challenge to decree - Plea of self acquired property - In a Joint Hindu Family, self-acquired property once put in common hotch-potch, it gets blended with the Joint Hindu Family and therefore, the family settlement even with regard to the property which was self-acquired is permissible...........
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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except suit property other..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of defendant No.1 - Property..........
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..........
Partition suit -- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since properties are joint family properties, plaintiff is entitled to..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate possession of her share in joint family..........
Partition -- Claim by daughter and her mother - Part of properties were purchased by respondent No.8 along with other four co-owners - No evidence produced by respondent No.8 to show that he has any other source of income than income from joint family property - Said part of properties thus, purchased from income of joint family properties - Daughter and her mother held,..........
Hindu Succession Act, 1956, Section 8 -- Succession - If a co-parcenary property or a joint Hindu Family property or ancestral property is succeeded on the death of common ancestor u/s 8 of the Act, property received under an intestate succession shall be self-acquired property and not co-parcenary property...........
