Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation by Karta of more than his own interest in joint family property - Alienation which is not for legal necessity can be challenged by other members of joint family - In such a situation, alienation made to the extent of the shares of such members can be set aside, but the alienation of his own..........
Hindu Law -- Joint Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........
Hindu Law -- Joint Family Property - Partition - If partition is not challenged, entries made in revenue record at the instance of father can be accepted as record of partition made on the basis of partition effected by father and report given by father becomes base for mutation...........
Hindu Law -- Joint Family property - Doctrine of blending - It is necessary for the concerned party to prove that property was thrown in common stock with intention of abandoning all separate claims upon it - Clear intention in that regard needs to be established and only after that doctrine of blending can be used - Blending is possible only if coparcenary property is in..........
Agreement to sell -- Specific performance - Defendant opposing suit on the ground that property in question was joint Hindu family property and there was no legal necessity to sell it - Neither in revenue record nor in agreement there was whisper that property belongs to Joint Hindu family - Defences available under Specific Relief Act and under provisions of Contract Act..........
Hindu Law -- Joint property and Separate property - Mere evidence that property was purchased in the name of one person does not render the property as separate property...........
Hindu Law -- Joint family property - To render the property joint, the person claiming so is required to prove that Joint Hindu Family was possessing some property with income of which property in question could have been acquired - If that is done, presumption can be drawn in favour of such party - Such presumption needs to be rebutted by party who claims that it is..........
Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Hindu Law -- Hindu Co-parcenary Property - Partition - Presumption - Once a partition in the sense of division of right, title or status is proved or admitted, all joint property would be presumed to have been partitioned or divided - Consequently, the burden of proof that certain property was excluded from the partition would be on the party that alleges the same to be..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
