Suits Valuation Act, 1887 -- Suit property was purchased by plaintiff out of the proceeds of joint family property - Presumption arises that it was a joint property - Burden was on plaintiff to establish that suit property was acquired by him without aid of joint family funds which he failed to discharge - Moreover, plaintiff himself is not having any document on the basis..........
Hindu Law -- Ancestral property - Owner of property died intestate in 1947 - Two sons of deceased inherited the property - Daughters of deceased did not make any claim in the property directly - However, they claimed a share through their mother - But there is nothing to suggest as to how widow of deceased acquired any share in suit property - There is no such averments..........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........
Hindu Law -- Joint family property - Deceased was sole surviving coparcener of joint Hindu Family at the time of adoption of defendant No.1 - Upon adoption defendant No.1 got a right in the property of his adoptive father/deceased - Property in the hands of defendant No.1 is a joint family property - Plaintiffs being children of defendant No.1 upon birth acquired rights in..........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Hindu Law -- Joint family property - Alienation - Bona fide purchaser - Purchaser was maternal uncle of coparcener - He admittedly knew the plaintiffs and their relation with coparcener at the time of execution of sale deed - Possession of wife of coparcener over suit property is proved and such possession amounted to constructive notice of rights of plaintiffs being her..........
Joint Family Property -- Suit for partition - Merely making specific averment in plaint does not itself make open to appellant/plaintiff to contend that the extent purchased in the name of one `N' is her self-acquired property...........
Hindu Law -- Partition suit - Joint family property - A prima facie material should be placed by the parties to indicate that it is their family property held jointly and available for partition - Mere acceptance or denial of contesting parties is not sufficient to decide claim unless there is prima facie material to show contesting parties are owners of properties in..........
Hindu Law -- Partition suit - Joint family property - Property held by female member cannot be treated as joint family property, particularly, when there is no proof to show that said property was held on behalf of other family members and property was purchased in her name out of joint family income - Said property is absolute and exclusive property of female member and..........
Hindu Law -- Partition - Joint family property - Portion of property sold for legal necessity by one of co-owners who has right over property - Said portion will not be available for purpose of partition - However, vendor of such property should be allotted equitable share in partition...........
