Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........
Joint Family Property -- Suit for partition - Merely making specific averment in plaint does not itself make open to appellant/plaintiff to contend that the extent purchased in the name of one `N' is her self-acquired property...........
Hindu Law -- Partition suit - Joint family property - A prima facie material should be placed by the parties to indicate that it is their family property held jointly and available for partition - Mere acceptance or denial of contesting parties is not sufficient to decide claim unless there is prima facie material to show contesting parties are owners of properties in..........
Hindu Law -- Partition suit - Joint family property - Property held by female member cannot be treated as joint family property, particularly, when there is no proof to show that said property was held on behalf of other family members and property was purchased in her name out of joint family income - Said property is absolute and exclusive property of female member and..........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........
Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........
