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..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter cannot claim higher right than right of her father...........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual capacity - Father of plaintiff..........
Hindu Succession Act, 1956, Section 6 -- Right of daughters to partition during life time of father - Plaintiffs being co-parcenars with defendant no.1/father, are entitled to maintain partition suit during life time of defendant no.1/father...........
Hindu Succession Act, 1956, Section 6, 8 -- Illegitimate children - Right of partition during life time of father - First marriage of defendant not.1 is proved - Defendant nos. 3 to 6 who are children of defendant no.1 through second wife would not get a right by birth in suit properties and they would not be entitled to share till defendant no.1 is alive...........
Hindu Succession Act, 1956, Section 6, 8 -- Succession - Partition suit - Character of properties as ancestral joint family property admitted - One `P' proved to be first wife of defendant no.1, thus by virtue of Amendment Act, first defendant, said `P' and children born to them as defendant no.2 and plaintiffs would be entitled to equal shares as co-parcenars in joint..........
Hindu Marriage Act, 1955, Section 16 -- Paternity of child - Applicability of S.16 of the Act - There is only a mere denial of marriage between father and mother of plaintiff - It will not constitute application of S.16 of the Act - Marriage being old one, having an old age of more than 51 years and not capable of proving by documents or by direct evidence - School..........
Hindu Law -- Joint family property - Sale of part of property - Where a share holder of joint family property executes a sale deed in respect of a particular part of joint family property, purchaser would only get interest as joint holder and he is not entitled to claim specific property and he can only claim partition in undivided joint family property...........
Hindu Succession Act, 1956, Section 6 -- Co-parcenary property - Wife of a co-parcenar though cannot seek partition in family, but at the time of partition, her share equivalent to that of son or daughter would have to be carved out...........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
