Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Father senior citizen is owner of property - Petitioners are neither co-sharers nor have any right of ownership in the same - No document on record that property in question is un-partitioned Joint Hindu Family co-parcenary property - Petitioners..........
Hindu Law -- Joint Family Property - Co-sharer in possession can transfer a specific portion of land and transferee is entitled to remain in possession till the partition...........
Hindu Law -- Joint Family property - Alienation by Karta - Karta has right to sell/dispose of/alienate HUF Property, even if a minor of family has undivided interest...........
Hindu Law -- Joint Family property - Mortgage of property by Karta of HUF - Karta is entitled to mortgage HUF property - Son or other member(s) of HUF need not be consenting parties to the mortgage - Post alienation, a coparcenary may challenge the act of Karta, if alienation is not for legal necessity or betterment of estate...........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Partition suit -- Joint Family Property - Defendants specifically discharged their burden by oral and documentary evidence that items of Scheduled II are not joint family properties and that items of Scheduled III are not at all presented by parents of plaintiff - Burden heavily shifts on plaintiffs who approached Court seeking partition of properties claiming to be joint..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Hindu Law -- Joint Family Property - Partition suit - Plaintiff admitted that suit property is self acquired property of mother/defendant No.1 - No iota of evidence produced by plaintiffs to show that suit property is joint family property - Plaintiffs not entitled for relief of partition as claimed in the plaint - Suit rightly dismissed...........
