Hindu Succession Act, 1956, Section 6 -Explanation 1 (As it stood prior, Amendment Act of 2005) - Devolution of Mitakshara co-parcenary - Death of co-parcener - Survived by class 1 female relative and male relative specified in that class claiming through such female relative - Undivided share not to devolve upon surviving co-parcener by survivorship - But upon heirs by..........
Hindu Succession Act, 1956, Section 6 -Explanation 1 (As it stood prior, Amendment Act of 2005 - Determination of undivided share of co-parcener - Hindu Mitakhsra co-parcenary property - Death of co-parcenar - Undivided share of deceased co-parcener has to be ascertained assuming notional partition before his death - Same shall devolve upon his heirs by succession..........
Hindu Succession Act, 1956, Section 6 -- Mitakshara coparcenary property - When a coparcener dies leaving behind any female relative specified in Class-I of Schedule to the Act or male relative claiming through such female relative, his undivided interest in Mitakshara coparcenary would not devolve upon surviving coparcener by survivorship but upon heirs by intestate..........
Hindu Succession Act, 1956, Section 22 -- Preferential right to acquire property - Suit for - Locus stand! - Plaintiffs class 1 heirs of the `S' who was class 1 heir of `R' who died intestate - Suit filed seeking to enforce their alleged preemptive right to purchase the undivided share of defendant No.1 on the basis of Section 22 of the Act - Plaintiffs not class 1 heir of..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3)(a)(ii) -- Family settlement - Shop fell to the share of landlord by way of oral family partition - Tenant cannot challenge an oral partition - Oral partition of property is permissible mode of partition which can be adopted by any undivided Hindu Family...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Co-owner - Selling his undivided share in property - Purchaser is entitled to joint possession or partition - For seeking partition there is no prescribed period of limitation...........
Hindu Succession Act, 1956, Section 30 -- Explanation - A coparcener can will away his undivided share in coparcenary...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor's undivided share in joint family property - Partition suit on behalf of minor filed by mother as next friend of minor against minor's father - Suit is not maintainable where it is not proved that father as natural guardian of minor has neglected to provide for minor's maintenance or denied his right or mismanaged..........
Partition Act, 1893, Section 4 -- Applicability of the provision - Conditions precedent are: (1) the dwelling house must belong to undivided family; (2) the transfer must be made to a stranger; (3) transferee has filed the suit for partition and (4) shareholder claims and undertakes to buy the share of the stranger...........
Agreement to sell -- Suit for specific performance - Property belonged to Hindu Undivided Family in which minors had share - Minors were not party to the agreement - No evidence to prove that there was any legal necessity for sale of property - Held, Courts below were justified in refusing relief of specific performance...........
