Hindu Law -- Partition - Specific properties purchased before institution of suit for partition - Though the appellants have no right to equities, yet the respective share to which their principal alienor was entitled would be allottable to them as a special case - As the preliminary decree specifically provided that the good and bad qualities of the land to be taken into..........
Hindu Law -- Joint Family Property - Alienation - Some of the coparceners minor - On attaining majority partition sought claiming 1/6th share alleging sale not for legal necessity - Recitals in sale deed to purchase property somewhere else - Property not purchased - Sales made are neither for legal necessity nor for the benefit of joint family - Those sales are not binding..........
Mohammadan Law/Mohammedan Law -- Partition-'A' predeceasing father, leaving behind a son - Father would get 1/6th share in estate of `A'...........
Mohammadan Law/Mohammedan Law -- Partition - Claim of residuary - Widow died leaving behind two daughters and one full sister - Daughters would get 1/3rd share each and remaining 1/3rd share would be taken by full sister as residuary...........
Rent and Eviction -- Personal necessity - Landlord alongwith his four children and wife living in his brother's house at his mercy - Landlord wants to shift to the demised house which had fallen to his share in partition - Landlord's requirement of his house for personal necessity stands proved - Tenant ordered to be evicted. (East Punjab Urban Rent Restriction Act, 1949,..........
Hindu Marriage Act, 1955, Section 16 -- Legitimate and illegitimate children - Distinction - Illegitimate children are not members of co-parcenary - Legitimate children being coparceners have a share in the joint family property by virtue of their birth whereas illegitimate children have a share in the property of their father alongwith legitimate children - Illegitimate..........
Hindu Law -- Partition - To constitute a partition a definite and unequivocal indication of his intention by a member of a joint family to separate himself from the family and enjoy his share in severity i.e. there should be an indication, intimation or representation of such an intention - Living apart - That itself is not to mean that there has been severance of joint..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for declaration of previous partition - Amendment of plaint sought to introduce as to certain improvements and other acts done in his share of land - Amendment sought not necessary as the main controversy is as to partition - If previous partition is proved then plaintiff can improve the land which fell to his share and..........
Hindu Succession Act, 1956, Section 6, 8, 30 -- Partition Act, 1893 - Adopted son filed suit against adoptive father for partition of properties into two equal shares and for allotment of one such share to him - During pendency of suit adoptive father died and adoptive mother brought on record - During Letters Patent Appeal she also died - She bequeathed her share of..........
Hindu Law -- Joint Family - Severance In status of Hindu Joint Family - No partition by metes and bounds - Sons of a co-parcener are equally co - owners alongwith erstwhile co - parceners of joint family properties - They are entitled to share in the properties...........
