Hindu Law -- Joint Hindu Family - Partition - When a part of joint family property is given to wife of a coparcener during his lifetime towards her maintenance, the said property must be put to her share if she claims partition of joint family properties after her husband's death, even though the said property has become her absolute share under Hindu Succession Act and..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Family Settlement - - Lawful family settlements that adjust mutual rights by specific allotments equitably that could be oral, so long as oral partition is not barred by law and a family settlement orally or through an unregistered document to extinguish title to immovable property - The former is legal and the latter is unlawful...........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
Family settlement - - Oral partition - There is no prohibition under law for members of a family to partition the property orally - Partition does not result in transfer within the definition of `transfer' under Transfer of Property Act and it is specifically excluded - Therefore, oral adjustment of rights through partition does not require to be written at all...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
Hindu Law -- Joint Hindu Family - Partition - Can be given effect orally or in writing also...........
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........
Hindu Law -- Joint Hindu Family - Partition - Property becomes a separate share of the members constituting joint family - It would continue to constitute corpus of joint Hindu family property and shall be in ownership of all members of family though Karta has right to enter into transaction, as may be necessary, for benefit of family...........
