Partition suit -- Defendants admittedly relinquished their 5/7th share in favour of plaintiff regarding one plot - No cogent evidence led by defendants regarding partition of disputed property - Trial Court rightly held that plaintiff had 5/7th share in said plot - Rest of property was undivided and it will be equally divided between parties i.e 1/7th share - Suit for..........
Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of part of property from one of the co-sharers - Purchaser of an undivided share in the coparcenary/joint property is entitled to bring a suit for partition - Such purchaser allowed to be impleaded as a party to the proceedings - Order calls for no interference...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
Hindu Joint Family Property -- Alienation by Karta - Where a Karta has alienated Joint Hindu Family Property for value either for legal necessity or for benefit of estate it would bind the interest of all undivided members of the family even when they are minors or widows...........
Evidence Act, 1872, Section 112 -- DNA test - Dispute as to inheritance of Hindu Undivided Family property - Brother denied the fact that defendant is his sister - Said fact can very well be decided by carrying out DNA test - Application for carrying out DNA test rightly allowed...........
Hindu Undivided Family (HUF) -- Intention of parties to terminate status of joint family is a relevant factor to determine status of Hindu undivided family...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22(1)(3), Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014, Rule 21(2)(1), 21(2)(3) -- Ancestral property - Petitioner and his two brothers have undivided shares in suit property - Dispute of share and possession of disputed property is pure and simple, which can be..........
Hindu Law -- Premises on rent - Even if a male member takes premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing business for and behalf of Joint Hindu Family...........
Co-sharer -- Co-sharer in actual physical possession of a specific portion out of big parcel of joint land is entitled to deliver possession thereof to anyone - No doubt, sale of a specific portion or parcel of land out of joint property by a co-sharer shall be deemed to be sale of undivided share out of joint land - However, there is no bar either in delivery of..........
