Agreement to sell -- Specific performance - Plea of joint ownership - Defendants admitted the execution of a contract of sale in written statement which is signed by defendant no.2 later on - No documentary evidence is produced on record to show that they are entitled to share in the suit property by succession - Merely stating that it is ancestral property of father is..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Agreement to sell -- Specific performance - Plaintiff has proved the service of notice of demand to the defendant - Suit is filed within limitation and subsequent purchasers did not raise a plea of delay and laches - There are concurrent findings of three Courts on the issue of readiness and willingness shown by first plaintiff - No interference warranted in said findings..........
Will -- Testator executed a Will bequeathing half share in favour of his grandson - Whereas qua remaining half, life interest/benefit to enjoy fruits during lifetime was given to his son, but no rights to alienate the same and after his life, it was to vest with grandson - Mere fact that grandson predeceased son of testator would not make any difference as regards passing..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Property jointly purchased by husband and wife - Mere fact that wife had leased out a portion of flat to third parties and denies share in the lease amount, would not amount to cruelty towards husband - Divorce petition rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Hindu Law -- Joint property - Living together does not lead to inference that property acquired during that period would necessarily be jointly acquired property - Ancestors were in possession of their own shares - This shows that there was no jointness in holding of their share of property and they all enjoyed their possession independently...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Will -- Exclusion of natural heirs - Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of natural heir - Merely because some of the heirs have been excluded the same cannot be held to be suspicious circumstance...........
