Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Appeal by brother against grant of share to sisters in property - Bar on right of female heirs of Hindu intestate to claim partition - Prior to amendment also there was no bar to inheritance of property of Hindu intestate by daughters/females being class I heir under the act - Held, right of..........
Hindu Succession Act, 1956, Section 23 -- (Repealed after 2005 amendment) - Bar created by S.23 of the Act removed by amendemnt of 2005 - Trial Court bound to take note of change in law which has taken place during pendency of the case and decide the case as per that law - Respondent held, entitled to get dwelling house partitioned - Order of partition upheld...........
Hindu Law -- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after division - Sale executed, held, binding only on father and not on..........
Hindu Law -- Partition of joint family property claimed by a Christina lady and her daughter - Marriage of a Christian lady with a Hindu male - No evidence that Christian lady has followed all Hindu customs and rites after her marriage or she was converted to Hindu before marriage - Thus, she failed to prove that she is the legally wedded wife of the deceased Hindu - She..........
Co-owner -- A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner, is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one..........
Hindu Law -- Coparcenary property - Plaintiff/daughter of pre-deceased son of deceased father, claiming 1/3rd share in joint family property which was held by deceased in joint with his 4 sons - Plea of plaintiff that there was no partition - Since father of plaintiff pre-deceased his father that too before 1956, Hindu Succession Act shall not be applicable - Instant case..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for partition - Averment in plaint that plaintiffs are scheduled tribes - Amendment sought to add that they are Hindus following Hindu religion and governed by Hindu Law - Plaintiffs not pleaded earlier that they are governed by customary law - No further evidence sought to be adduced - Amendment..........
Hindu Law -- Partition - Joint Family Property - Earlier partition - Separate living does not lead to inference of earlier partition...........
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...........
Transfer of Property Act, 1882, Section 41 -- Bonafide purchaser - Basic law is 'buyer beware' - Joint Property partitioned by metes and bounds between co-sharers - Partition entered in revenue record - Value of land and khasra number also mentioned - Land in dispute allotted to plaintiff - Held, in such circumstances vendors of plaintiff have no right to alienate the..........
