Hindu Succession Act, 1956, Section 6(as -- Coparcenary property - Partition suit - Right of daughters - Suit filed in 2002 - However, during pendency of suit, S.6 of the Act amended, as decree passed in the year 2007 - Rights of daughters got crystallized in the year 2005 - Since deceased died leaving behind two sons, two daughters and a widow, both the daughters are..........
Hindu Succession Act, 1956, Section 6 -- Devolution of interest - Hindu male died intestate leaving behind a female heir specified in Class-I of Schedule of the Act and there existed a Hindu Undivided Family (HUF) - Consequently, in view of S.6 of the Act on death of Hindu male there was deemed to have taken place a partition in family with such shares falling to parties..........
Hindu Succession Act, 1956, Section 6 -- Succession - Right of widow of Karta - Widow of Karta on partition gets a share equal to that of a coparcener in an Hindu Undivided Family...........
Hindu Succession Act, 1956, Section 23(as -- Effect of amendment on pending cases - Suit filed by Hindu widow in 1999 - Bar created u/s 23 of the Act on right of woman to seek partition was removed in 2005, without a saving clause in favour of pending proceedings - S.23 of the Act thus, no longer applicable to pending cases before amendment of 2005 - Suit filed by Hindu..........
Partition -- Partition can be entered into between parties who are joint owners of property - In case, father wants to give property to his sons, of which he is absolute owner, it can be done by Will or by means of gift deed or donation - High Court rightly observed that partition deed is to be construed either as gift deed or family settlement - Petition dismissed...........
Hindu Succession Act, 1956, Section 15(2)(a) -- Succession - Female Hindu dying intestate and issueless - Property inherited by female from her father - Her husband cannot inherit her property - Property will devolve upon legal heirs of her father - Husband thus, has no cause of action to file suit for partition of said property - Suit dismissed...........
Hindu Succession Act, 1956, Section 8, General Clauses Act, 1897, Section 3(57) -- Succession - Partition suit - Right of step son in ancestral property of a Hindu male dying intestate - Expression `son' has not been defined under Act of 1956 and the definition of `son' u/s 3(57) of General Clauses Act, includes only an adopted son and not a step son - Therefore, son of..........
Hindu Succession Act, 1956, Section 8, Income Tax Act, 1961, Section 2 -- Partition suit - Right of step-son of deceased coparcener in joint family property - Expression `son' - Contention that Income Tax Act being a central Act, definition of child thereunder must be read into Hindu Succession Act, which is but another central Act - Held, there is no such law warranting..........
Transfer of Property Act, 1882, Section 10, 11 -- Condition restraining alienation - A clause in a partition deed restraining alienation of properties allotted to parties will be void, though a deed of partition cannot strictly be regarded as a document of transfer...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Where a property is transferred subject to a condition or limitation absolutely restraining the transferee or persons claiming under him from parting with or disposing of interest in property except in case of lease, such condition or limitation should be treated as void...........
