Hindu Succession Act, 1956, Section 6 - - Coparcenary property - Death of male Hindu - Devolution of interest - Held, S.6 pertains to devolution of interest of deceased male Hindu in coparcenary property when he had left female relative specified therein and does not pertain to devolution of whole of coparcenary property he was holding at the time of his death - In view of..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3), 3 -- Benami property - Deceased husband of plaintiff purchased property in name of his brother as Benamidar - Suit for declaration, partition and injunction filed by plaintiff in respect of suit property - Held, suit is hit by S.4 of the Act as it is not the case set up by plaintiff that suit property is HUF..........
Hindu Law -- Joint Family Property - If a co-parcener of a joint family claims that properties are his self acquired properties the burden is on him to prove that the same are the self acquired properties...........
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If a settlement is made without the consent of other..........
Hindu Law -- Coparcenary - Female - Hindu law as was then applicable and as has been stated in the various clauses of Mulla's Hindu Law, a female cannot be a coparcener under the Mitakshara Law - Undivided co-parcener interest could not be transferred or gifted to her...........
Hindu Law -- Joint Family Property - Undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers...........
Hindu Law -- Joint Family Property - Oral relinquishment of share - A co-parcener or a sharer in joint family property can surrender his share orally at the time of partition - However, surrender of self acquired property is invalid...........
Hindu Law -- Joint Hindu family property - Alienation by Karta - Challenged by co-parcener - Concurrent finding of fact that part property is self acquired, where as other ancestral property in hands of vendor - Sale without legal necessity - Sale qua self acquired property valid - Sale qua ancestral property not binding on plaintiff/co-parcerner. Manohar Lal's FB relid...........
Hindu Law -- Joint Hindu Family property - Alienation by Karta - Right of Coparcener - A co-parcener has a right to challenge the alienation - He has no right to interfere in the act of management of the joint family affairs - Right to obstruct alienation is different from right to challenge the alienation. AIR 1988 SC 576, Sunil Kumar's case relied...........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
