Hindu Succession Act, 1956, Section 6 - - Daughter - Devolution of interest in coparcenary property - Amended provisions of S.6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right - Section 6(1)(a) makes daughter by birth a coparcener "in her own right" and "in the same manner as the son" - S.6(1)(a) contains the concept..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property : (i) The provisions contained in substituted S.6 of the Hindu Succession Act, 1956 confer status of coparcener on the daughter born before or after amendment in the same manner as son with same rights and liabilities; (ii) The rights can be claimed by the..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Amended provisions of S.6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right - Section 6(1)(a) makes daughter by birth a coparcener "in her own right" and "in the same manner as the son" - S.6(1)(a) contains..........
Hindu Minority and Guardianship Act, 1956, Section 6 -- Minor - Sale of property of minor by de facto guardian - Foster mother or foster father cannot be construed as natural guardian - At best they can be termed as de facto guardian - Alienation of share of minor by de facto guardian is void ab initio - It is not voidable as in the case of alienation by natural guardian -..........
Specific Relief Act, 1963, Section 20, 22 -- Suit for specific performance of contract for sale - Challenge - Property subsequently sold to defendant no. 2 - As per sale agreement between plaintiff/appellant and defendant no alienation could be made till 3 years - Plaintiff filed suit without seeking possession from 2nd defendant on ground that since property was sold..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 34, 108 -- Public Trust - Alienation of property - Civil suit seeking permission of religious trust property is not maintainable in view of S.108 of the Act, as Commissioner is appropriate authority to approve proposed sale of land by respondent...........
Transfer of Property Act, 1882, Section 122, 10 -- Gift - Condition restraining alienation - Condition restraining donee from alienation of gifted property, cannot be imposed, as such condition is void u/s 10 of the Act...........
Transfer of Property Act, 1882, Section 105 -- Lease - Property of a religious institution - Manager of religious institution, in absence of specific power, custom or practice, not permitted to give the property of a religious institution on lease for a period of 99 years - Lease for a period of 99 years is a permanent alienation of the property and such act on the part of..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Partition suit - When a suit is laid for Partition over certain properties, principles of lis pendens come into operation and any subsequent transaction by any of parties would be of no consequence and would not affect rights of others - There is thus, no need to move an application U.O.39.Rr.1, 2 CPC..........
