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...........
Hindu Succession Act, 1956, Section 6 -- Co-parcenary property - Wife of a co-parcenar though cannot seek partition in family, but at the time of partition, her share equivalent to that of son or daughter would have to be carved out...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiffs along with defendant no.4 are in joint possession of suit land - Without seeking relief of possession - Suit property in the hands of father of parties is his self acquired property - Father of parties not executed any Will in favour of anyone of them - Property thus, is to go by natural..........
Stamp Act, 1899, Section 47A -- Deficiency of stamp duty - Determination of market value of property - Subsequent construction or change of position of land cannot be a ground for determination of `market value' of land for purpose of stamp duty...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
Transfer of Property Act, 1882, Section 54 -- Sale - When a property was sold, purchaser get into shoes of vendor and rights of vendor will become right of purchaser - No specific endorsement to that effect is necessary...........
Evidence Act, 1872, Section 115, Transfer of Property Act, 1882, Section 58 -- Estoppel - Suit for redemption of mortgage - Plaintiff purchased property which was mortgaged to defendant - Defendant admitted mortgage in earlier suit and was ready to hand over possession on payment of mortgage amount - He thus, estopped by his conduct to oppose redemption - Plaintiff..........
Wakf property -- Appointment of Muttawalli of Dargah - Succession to Sajjadah Nashin and Muttawalli is not hereditary succession as per Zabta (constitution) of Dargah - Sajjadah Nashin has been given right to select his successor...........
Wakf property -- Appointment of Muttawalli of Dargah - Person of minor age can be selected as Sajjadah Nashin and Muttawalli as per Zabta (constitution) of Dargah...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
