Hindu Law -- Ancestral property - Property inherited has to be shown to have been so inherited through three degrees i.e. the sons, grand-sons and great-grand sons of the person who inherited it...........
Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........
Hindu law -- Joint family property - There is a presumption that if joint family property had sufficient ancestral nucleus, properties standing or acquired in the name of male members are joint family properties unless the presumption is rebutted by showing that properties are separate properties of a particular member or members in whose names properties stand or were..........
Hindu Law -- Ancestral property - Alienation by last coparcener - Validity - Hindu male having four daughters and had no male issue - He after marrying his daughters, was living with one of his daughter `G' - Hindu male devolved suit land to his daughter `G' before amendment of S.6 of Hindu Succession Act - He being last coparcener, was competent to alienate the same and..........
Hindu Law -- Ancestral Property - Revenue record shows that property was inherited by defendant from his father - Therefore, same property was ancestral qua the sons of brother of defendants - Thus, if one of the coparceners dies, his rights devolve upon other coparceners and property does not loose its original character of being ancestral...........
Hindu Law -- Ancestral Property - Property inherited by a Hindu from his father, father's father or father's father's father is ancestral property - Property inherited by Hindu from other relations is his separate property...........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Hindu Law -- Ancestral property - Partition - Separate mess - A division in mess does not constitute a division of all properties and there is no such presumption in law for such an inference...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
