Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu female - Limited right created in favour of woman in lieu of maintenance - Since right to maintenance is recognized as pre-existing right, limited right created in favour of woman under management deed would automatically get enlarged to absolute right by operation of S.14(1) of the Act...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Mutation -- Granted in breach and violation of law of succession - Basic mutation and consequent mutation rightly set aside...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership - Plaintiff failed to prove that she was legally wedded wife of original owner - Succession certificate granted in favour of plaintiff was subsequently revoked - Plaintiff even failed to prove that she is class-I heir of original owner - Suit rightly dismissed...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Suit property would devolve upon legal representatives of Hindu Male as per S.8 of the Act - A widow falls in the category of Class I heirs as per Schedule and would be entitled to share of her husband - Case set up by defendant that widow had remarried after death of her husband, rejected,..........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Partition deed is prior to cut off date 20.12.2004 - Said partition deed not affected by Amendment Act of 2005 - Plaintiff/daughter not entitled to partition...........
Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Hindu Succession Act, 1956, Section 8 -- Property of a Hindu male dying intestate - Property after the death of Hindu male shall devolve upon his Class 1 heirs i.e mother and wife - No evidence on record that wife committed murder of husband/Hindu Male - It cannot be said that wife is seized to be Class I heir of her husband - Mother and wife of deceased rightly held, as..........
Mutation -- On basis of Will - Petitioner is asserting exclusive title based on a Will and therefore has to prove the Will in the manner known to law - Unless petitioner is able to prove genuineness of Will, adhering to strict compliance of S.63 of Succession Act and S.68 of Evidence Act, petitioner does not acquire right to get his name mutated based on a Will...........
