Partition -- Partial partition - Plaint in a suit for partition must embrace only such property in which plaintiff has community of interest and unity of possession - Where a purchaser acquires an interest in the coparcenary property, transfer really effects a severance of joint status in respect of the property transferred and he becomes a tenant-i, common in respect of..........
Hindu Law -- Partition - Disposition of property received in partition by father before Maharashtra Amendment of 1994 to S.6 of Hindu Succession Act - Property received by father after partition in 1978 amounts to his separate property and he has absolute right to deal with such property, as coparcenary nature of property has ceased to continue upon partition of properties..........
Hindu Succession Act, 1956, Section 6(4) -- Devaluation of interest in coparcenary property - Liability of son, grandson or great-grandson to pay debt arising out of his father, grandfather or great-grandfather on his death stands discharged...........
Hindu Law -- Coparcenary property - Adoptive son takes a legal birth in the adoptive family at the time of his adoption and accordingly gets a right in property of his adoptive father as much as a natural born son...........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law - Entitled to claim maintenance from coparcenary property available in hands of her father-in-law...........
Hindu Succession (Tamil Nadu Amendment) Act, 1989, Section 29A -- Suit for partition - Equal rights to daughter in coparcenary property - Appellant, married after the amendment - First appellate Court remitting back the matter to Trial Court for taking account of other properties inherited by appellant`s father found to be proper...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Hindu Succession Act, 1956, Section 6 -- Succession - To claim benefits u/s 6 of the Act, death of male shall take place after commencement of Act and that he must have interest in coparcenary property...........
Hindu Succession Act, 1956, Section 6, 8 -- Succession - Grandfather of plaintiff died after commencement of Act, but property was his self acquired property - He was not a coparcener of Hindu Mitakshara Coparcenary - Application of S.6 of the Act therefore, does not arise, since there was no coparcenary at all - Rule governing succession is only S.8 of the Act...........
Ancestral property -- Single transfer of property from father to son does not prove the suit property to be ancestral coparcenary property...........
