Hindu Law -- Joint family property - If family was joint headed by a Karta and land revenue was also being paid in respect to land acquired in the name of certain individual members of joint family from joint family funds, onus lies upon persons who claim that property was acquired from individual resources and not from joint family fund otherwise property acquired would..........
Hindu Law -- Joint family property - Revenue entries - Merely on basis of changes in subsequent Revenue record, it cannot be said that joint tenancy came to an end, particularly when nothing on record to show that there was a partition or family settlement...........
Family settlement -- Family once separated - plaintiff cannot claim that they continue to members of the joint Hindu Family at the time of settlement which is pleaded and accepted by the mother resulting into judgment and decree...........
Hindu Law -- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
Hindu Succession Act, 1956, Section 6 -- Joint family Property - Notional partition - Right of daughter - Death of father of parties long ago prior to amendment being made to S.6 of the Act - Principle of notional partition would apply for the purpose of diving properties between legal representatives of father - They would get half share and in half share of father, his..........
Civil Procedure Code, 1908, Order 22, Rule 4(3) -- Abatement of appeal - Relief of declaration sought jointly against two defendants - Death of one of defendants - No application filed for bringing LRs of deceased defendant on record - Decree under challenge is joint and inseparable - Without presence of deceased or her legal heirs, dispute cannot be resolved - Appeal..........
Agreement to sell -- Agreement to sell by Karta - Joint Hindu Family property - Plea of legal necessity taken by legal Heirs of Karta - Karta signed the agreement after obtaining consent of his legal heirs - Very fact that one son of Karta was a signatory to agreement was sufficient to draw a presumption that agreement to sell was made by Karta with consent of other..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Joint consent - There cannot be joint consent of accused - Consent has to be singular - Every accused has right to be told that he has legal right to be searched in presence of gazetted officer or a Magistrate...........
