Specific Relief Act, 1963, Section 41(h) -- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit for injunction - Held, suit for..........
Hindu Succession Act, 1956, Section 6 -- Mitakshara coparcenary property - When a coparcener dies leaving behind any female relative specified in Class-I of Schedule to the Act or male relative claiming through such female relative, his undivided interest in Mitakshara coparcenary would not devolve upon surviving coparcener by survivorship but upon heirs by intestate..........
Hindu Law -- Coparcenary - Partition - Once the properties are partitioned, the property obtained by each will be his separate property and the moment any one of them get a son, the property becomes joint family property, in so much as, each separate property after the birth of a son, will constitute a new coparcenary...........
Hindu Law -- Coparcenary property - Suit for joint possession during life time of father - Not maintainable - In fact suit for joint possession is apparently a circuitous method for seeking the partition of the property in the life-time of father which is not permissible...........
Permanent injunction -- Joint Hindu Family property - Karta's power of alienation - Injunction at the hands of coparcener - No injunction at the hands of a coparcener can be issued against the Karta of Joint Hindu Family restraining him from alienating the coparcenary property - Though a coparcener has an interest in the coparcenary property by birth, but he is not..........
Joint Hindu Family Property -- If partition of such property takes place then married daughters are not entitled to any share equivalent to the sons - Only mother is entitled for the equivalent share to the sons but cannot compel for partition of coparcenary - Married daughters and sisters are not entitled to a share on partition of a coparcenary - However a provision has..........
Hindu Law -- Coparcenary property - Sole surviving coparcener can alienate the property as if it was his separate property - Son born or adopted subsequently cannot object to alienation made before he was born or adopted - Alienation of coparcenary property through registered gift deed by sole surviving coparcener in favour of his daughter is valid - Suit for partition of..........
Hindu Law -- Partition suit by son - Coparcenary property - Alienation by father - Alienation for payment of antecedent debt not incurred for immoral or illegal purpose but incurred for family necessity - Suit filed maintainable without a prayer for cancellation of sale deed - Son entitled to question the validity and binding nature of sale deed without such a prayer -..........
Hindu Law -- Joint Family - Partition - Partition deed executed - Once intention to separate is expressed in a document, it results in severance of joint status - Its legal effect cannot be altered by subsequent conduct of parties - All properties of joint family not divided under the deed is of no consequence in view of intention to separate expressed therein - Father and..........
Hindu Law -- Coparcenary property - Hindu Undivided family property - Right of female member of HUF to claim partition - A sole surviving male coparcener can constitute a HUF with a female member of the family but by virtue of her being a member of HUF that female does not become coparcener - The female can be a member of HUF but not of coparcenary - She does not have..........
