Hindu Law -- Joint family property - Once property is divided and partitioned, status of property as coparcenary comes to an end - After partition property which has fallen to their respective share is their own property and not coparcenary property unless another coparcenary has come into being...........
Hindu Succession Act, 1956, Section 30 -- Will by Hindu Male bequeathing property - Hindu male bequeathed his share in favour of his brother/defendant No.1 - Interest of a Hindu male in Mitakshara coparcenary property can be bequeathed or capable of being disposed of by him by a testamentary disposition i.e by way of bequest under a Will - Trial Court committed error in..........
Hindu Succession Act, 1956, Section 30 -- Joint Hindu Family Property - Interest of a male Hindu in Mitakshara coparcenary property can be disposed of by him by Will or any other testamentary disposition - Claim of plaintiff to independent share as a member of family in joint family properties is without substance for the reason that plaintiffs have no independent share in..........
Hindu Succession Act, 1956, Section 8 -- Succession - Death of common ancestor - Property devolving upon Class-I or Class-II heirs - Such heirs would become absolute owners of property and such property would not be either Joint Hindu Family or coparcenary or ancestral in the hands of legal heirs in absence of any other evidence to this effect...........
Hindu Succession Act, 1956, Section 6(as -- Right of daughter to coparcenary property - - Amendment to S.6 of the Act is prospective in nature - Properties sold by father and brothers before amendment is exempted from said amendment...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance of widowed daughter-in-law - Father-in-law is duty bound to maintain daughter-in-law from any coparcenary property in his possession - Widowed daughter-in-law has no pre-existing right of maintenance in the self acquired property of father-in-law...........
Hindu Marriage Act, 1955, Section 16(3) -- Children born out of void marriage - Though regarded as legitimate are not entitled to any share in ancestral coparcenary joint family properties of their parents - Their right to claim share remains limited only to the extent of separate property of their father and such right will accrue only on death of their father, by way of..........
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118 -- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and..........
Hindu Succession Act, 1956, Section 8, 9, 10, 29A(as -- Division of property - Right of daughters - Coparcenary property of father is divided between father and son - Property left in the hand of father would be his separate property - Such share on the death of father would devolve through succession by applying the rules of Ss.8, 9, 10 of the Act and daughters got their..........
Hindu Law -- Self acquired property - Father got his share of property in a partition from among his brothers - It is not coparcenary property, but is a separate property and if that becomes his separate property, property under Item.3 purchased from income derived from property which he got in partition, also becomes separate property - Said property is thus, not governed..........
