Hindu Succession Act, 1956, Section 14(2) -- Property of female Hindu - Will - Limited estate conferred upon second wife by testator through Will with son inheriting complete estate after her lifetime - Provision of S.14(2) of the Act would come into play - Second wife thus, only had a life interest in her favour, which would not convert into absolute ownership - Sale..........
Specific Relief Act, 1963, Section 16, 19, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance - Defendant was allotted and put in possession of suit land by BDA - Defendant entered into agreement with the plaintiff promising to execute a sale deed in his favour within three months of getting the sale deed from the BDA - Non-execution of agreement..........
Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Signatures of son of Karta on agreement to sell is not required - Karta is entitled to execute the agreement to sell and even alienate the suit property - Absence of signatures of son of Karta on agreement to sell does not..........
Will -- Suspicious circumstance - No evidence on record as to whom testator gave instructions to, to write Will - Scribe has also not been examined - It is also not known as to whether assistance of an advocate or any other trustworthy person was taken by testator in order to make testament and bequeath the property to only son of testator - Will held, not reliable...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Matrimonial home - Petitioner/daughter-in-law was living on ground floor of property along with her son - Categorical statement is given by petitioner that she is neither interfering in lives or movements of persons living above ground floor nor any of them is a..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Property in question is self acquired property of father - Father not gifted the suit property to son as alleged by son - Son cannot maintain his claim on the alleged ground that he had contributed towards renovation of house...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Gift deed in favour of son - Irrespective of any condition regarding providing to the transferor the basic amenities, the transferee would be bound to maintain the transferor...........
Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Plaintiff claims that he being adopted son of deceased is entitled to half share of suit property - Son and widow are class-I heirs of Hindu male dying intestate - Since there has been a valid adoption, mere fact that after death of deceased, plaintiff started residing with his natural..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father-in-law - Eviction of son and daughter-in-law - Son was not helping his parents but was supporting his wife - Provisions of the Act thus, not misused for purpose of throwing out a daughter-in-law - Son and daughter-in-law rightly evicted...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of senior citizen - Eviction of son and daughter-in-law - House in question is of father/respondent - Petitioners being son and daughter-in-law are mere licencees - Specific case of respondent is that he and his wife have no independent place to reside and they have taken accommodation..........
