Hindu Law -- Ancestral property - Property of grandfather of plaintiff devolved upon plaintiff and his father on basis of registered Will as admitted by plaintiff himself - Father of plaintiff executed Will bequeathing his half share in favour of his other son defendant no.2 - Plaintiff thus, failed to prove that suit property is ancestral co-parcenary property...........
Will -- Ancestral property - No law to prevent executing Will of ancestral property...........
Hindu Succession Act, 1956, Section 30 -- Ancestral coparcenary property - Will - Competency of Hindu Male - Plaintiff admittedly granted half of property in earlier Will and he made no grievance - It is only when subsequent Will is sought to be executed and share of plaintiff is substantially reduced that he raised competence of executant to execute Will - Plaintiff..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute between family members of one family relating to partition of ancestral property - Sudden fight between parties - There was no premeditation on part of accused and act was done in a heat of passion - It is not the case of prosecution that accused has taken any undue advantage or acted in a..........
Hindu Law -- Joint Family Property or co-parcenary property - Plaintiff contended that property in question purchased in the joint names of defendants from funds of co-parcenary property in the hands of father of defendants - However, defendant No.2 never stated that sale consideration in respect of land purchased in his name was paid by his father - Statement of..........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Plaintiff could not have been asked to place any negative evidence on record to show that, there was no legal necessity - Parties are required to adduce positive evidence - Statement on oath by plaintiff that defendant had no legal necessity to sell lands was therefore, sufficient to hold it..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - Casual statements made in sale deed regarding sale of land for necessity is not sufficient evidence, as details of said necessity were not given in recital of sale deeds - Moreover, there is no need to challenge sale deeds, though sale deeds were executed by defendant No.1 without any legal..........
Hindu Law -- Ancestral property - Alienation by Karta - Legal necessity - It is for defendants to prove that Karta of family was required to sell property and had no alternative left to raise funds for family - Mere statements by witnesses that Karta/defendant No.1 was heavily indebted due to medical expenses incurred on treatment of his wife was not sufficient for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
