Hindu Succession Act, 1956, Section 6 -- (As amended) - Coparcenary - Basic concept of coparcenary is based upon common ownership by coparceners - When it remains undivided, the share of the coparcener is not certain - Nobody can claim with precision the extent of his right in the undivided property - Coparcener cannot claim any precise share as the interest in coparcenary..........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Hindu Minority and Guardianship Act, 1956, Section 8, 12 -- Sale of minor's property by mother - Undivided interest of minor in joint family property can be sold by mother as Karta of HUF without permission of Court...........
Hindu Succession Act, 1956, Section 6 -- S.6 of the Act not applicable in respect of undivided interest of a minor in joint family property...........
Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
Guardians and Wards Act, 1890, Section 29, Hindu Minority and Guardianship Act, 1956, Section 8 -- Joint Hindu Family Property - Undivided share of minor - Sale by Karta/natural guardian - Without permission of Court - Where property in question is Joint Hindu Family Property in which minor had undivided share, previous permission of Court before disposing of property by..........
Hindu Law -- Joint family property - Sale of part of property - Where a share holder of joint family property executes a sale deed in respect of a particular part of joint family property, purchaser would only get interest as joint holder and he is not entitled to claim specific property and he can only claim partition in undivided joint family property...........
Hindu Succession Act, 1956, Section 6 -- Right of married daughter - Marriage of a daughter to a different family would not abrogate her right in co-parcenary being a daughter of a co-parcenar in Hindu Undivided Family, as she become a co-parcenar in her own right and thus she would have co-parcenary right over property just equivalent to son...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Although, co-sharer cannot put a vendee in possession without there being any physical formal partition of an undivided landed property, yet such a co-sharer definitely has a right to transfer his undivided share...........
