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 - 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 -..........
Hindu Law -- Ancestral property - Alienation - Challenge as to - Father sold the property for well being of Hindu Joint Family and out of legal necessity in order to clear debts and for meeting family expenditure - Even sale consideration was invested in purchasing another property by father and still the property was available for benefit of plaintiffs being his children..........
Family settlement -- Hindu Joint Family Property - Once there was a family settlement and property was divided through compromise, which was recognized in a civil Court decree, no doubt was left that property is exclusive property of co-sharer - Property does not continue to be Hindu Joint family coparcenary property...........
Hindu Joint Family Property -- Agreement to sell executed by Karta - Validity - Karta of Joint Hindu Family has right to sell property for legal necessity - Once Karta enters into an agreement to sell, he cannot be allowed to avoid specific performance thereof on ground that property is a joint Hindu Family Property, particularly, when agreement to sell and payment of..........
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 -..........
Hindu Law -- Joint family property - Three brothers purchased suit property with their own independent income - Mere fact that anyone of the brothers might have constructed a residential house therein is insufficient to uphold any community of interest or jointness...........
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...........
Hindu Law -- Joint Hindu Family Property - Plea that property was purchased from the funds provided by Sadhu Ram or by defendants No.1 to 5 - It was thus duty of Sadhu Ram or defendants No.1 to 5 to prove that property was purchased exclusively from the funds of Sadhu Ram and that plaintiff had not contributed anything towards the purchase consideration of the property,..........
Hindu Law -- Joint Hindu Family Property - Plea of defendants that land was purchased from the funds contributed by defendants No.1 to 5, though in the name of defendant No.6, their father - However, some of the defendants were minor at the time when suit property was purchased - Therefore they could not have contributed towards the consideration of the suit property at..........
