Specific Relief Act, 1963, Section 41 - - Joint Hindu Family - In absence of any division, entire property being in co-ownership of all parties, injunction at behest of one co-owner against others cannot be granted...........
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........
Hindu Law -- Joint Hindu Family - Partition - Property becomes a separate share of the members constituting joint family - It would continue to constitute corpus of joint Hindu family property and shall be in ownership of all members of family though Karta has right to enter into transaction, as may be necessary, for benefit of family...........
Hindu Law -- Joint Hindu Family - Minor - Undivided share in property - Property under management of adult member of family - Held, in such cases, no guardian shall be appointed for minor...........
Hindu Law -- Joint Family Property - If a co-parcener of a joint family claims that properties are his self acquired properties the burden is on him to prove that the same are the self acquired properties...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101, 102, 103 -- Decree of possession - Execution - Rejection of objections - Death of J.D. during pendency of execution - Deceased never asserted property to be Joint Hindu Family Property - Objections that property was Joint Hindu Family Property not genuine - Appellants not third parties but transferees pendente lite -..........
Hindu Law -- Joint Hindu Family and Hindu coparcenary - Distinction - A Hindu joint family consists of all persons lineally descended from a common ancestor and includes their wives and unmarried daughters - A daughter ceases to be a member of her father's family on marriage and becomes a member of her husband's family - A joint or undivided Hindu family may consist of a..........
Civil Procedure Code, 1908, Order 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Hindu Law -- Joint Family Property - Property acquired with nucleus of joint family property - Property so acquired assumes the character of joint family property...........
Hindu Law -- Joint Family Property - There can be no presumption that property is joint family property only on account of the existence of a joint Hindu family - Party who asserts that the property is a joint family property has to prove that there was an adequate nucleus with which the joint family property could be acquired - Once that is proved, there would be..........
