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..........
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..........
Hindu Succession Act, 1956, Section 6 - - Coparcenary - Basic concept of coparcenary is based upon common ownership by coparceners - When it remains undivided, the share of the coparcener is not certain - Nobody can claim with precision the extent of his right in the undivided property - Coparcener cannot claim any precise share as the interest in coparcenary is..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Coparcenary - Basic concept of coparcenary is based upon common ownership by coparceners - When it remains undivided, the share of the coparcener is not certain - Nobody can claim with precision the extent of his right in the undivided property - Coparcener cannot claim any precise share as the interest in coparcenary..........
Hindu Law -- Undivided coparcenary property - Recovery suit - Plaintiff has given money to defendant's brother on pronotes - Suit filed after death of debtor - Admittedly, no steps were taken by plaintiff to attach undivided interest of coparcener/debtor during his lifetime as per S.289 of Mitakshara law - Plaintiff thus, not entitled to relief prayed for in suit for..........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Hindu Minority and Guardianship Act, 1956, Section 8, 12 -- Sale of minor's property by mother - Undivided interest of minor in joint family property can be sold by mother as Karta of HUF without permission of Court...........
Hindu Succession Act, 1956, Section 6 -- S.6 of the Act not applicable in respect of undivided interest of a minor in joint family property...........
Hindu Joint Family Property -- Relinquishment of minor's undivided share by mother - Natural guardian cannot dispose of share of minor in joint family Property - However, said principle would not apply when a family settlement is taking place between members of joint family - When such dissolution takes place and some of member relinquish their share in favour of Karta,..........
