Hindu Law -- Hindu Undivided Family - Karta - A Hindu Widow is not a coparcener in HUF of her husband and, therefore, cannot act as Karta of HUF after death of her husband - However, where Karta of family has died and there is no male coparcener surviving or where sole male coparcener is a minor, in such a situation HUF does not come to an end - Mother of said male..........
Hindu Law -- Hindu Undivided Family - Karta - Plaintiff/minor was the only surviving male coparcener after death of his father - Natural mother of plaintiff had played a submissive role in affairs of joint family and step mother of plaintiff had played an active and dominant role in managing said affairs - Such role of step mother was not opposed by natural mother and..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3), 3 -- Benami property - Deceased husband of plaintiff purchased property in name of his brother as Benamidar - Suit for declaration, partition and injunction filed by plaintiff in respect of suit property - Held, suit is hit by S.4 of the Act as it is not the case set up by plaintiff that suit property is HUF..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Dismissal of application - Validity - Vendee filed suit for specific performance of agreement - Subsequently, vendor fled suit for declaration that documents relied upon by vendee in his suit for specific performance are null and void, forged and fabricated - Controversy in two suits is whether vendor..........
Hindu Law -- HUF - Partition - An agreement between the members of a joint family to hold and enjoy the property in defined shares, as separate owners, operates as partition, although there may have been no actual partition by metes and bounds...........
Hindu Law -- Joint Family Property - Merely because there is existence of HUF that by itself does not make the property standing in the name of individual members of a joint family to be the joint family property - Burden rests upon plaintiff to establish the fact that the suit property was the joint family property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - Suit for specific performance - Applicant sought his impleadment on the ground that the property in question is HUF property - Held, whether the disputed property is HUF or not cannot be decided in the suit for specific performance of agreement - Applicant is neither necessary party nor proper party -..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minors right involved in HUF property - Permission to mortgage - Property sought to be mortgaged not property of minors but property of H.U.F. - Provision of S.8(2) of the Act is not applicable where property belongs to H.U.F. - In the event property of HUF involves the interest of minor, the said minor on..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India - Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
