Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiffs along with defendants are joint owners - First appellate Court correctly interpreted S.6 of Hindu Succession Act and thereafter applied, which resulted in reduction of share of plaintiffs - Findings recorded by First Appellate Court are in tune with law and there is no..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
Hindu Succession Act, 1956, Section 6 -- (as amended) - Co-parcenary property - Act has not put to an end to coparcenary rights and infact, it continues to be reiterated after coming into force of 2005 amendment Act...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Hindu Succession Act, 1956, Section 19 -- Tenant in common - When all the members who succeed to properties of a deceased are female, interest received by each of them is as tenant in common...........
Hindu Succession Act, 1956, Section 8, 19 -- Property of Hindu male - Succession - Widow and four daughters of deceased received suit properties as his heirs - They take their individual shares as tenants in common - In the absence of suit properties being joint, there was no question of widow acting as a manager or Karta of family - Widow had no right to deal with suit..........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- Property of Hindu female - Where the property was taken by Hindu female for life with a specific recital that property would go to his two sons after her life time, said document will not fall u/s 14(1) of the Act and S.14(2) of the Act would squarely apply...........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Through family settlement, pre existing right of residence and maintenance of Hindu female as recognized - No new right was conferred on her - She thus, became full owner of property in question by virtue of S.14(1) of the Act - Consequently, daughter of Hindu Female is entitled to inherit the property..........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
