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..........
Limitation Act, 1963, Article 60 -- Limitation - Sale of property of minor by his grandfather - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation - Suit rightly dismissed...........
Hindu Minority and Guardianship Act, 1956, Section 6, 11 -- Property of minor - Alienation by brother of minor without permission of Court - Brother of minor who transferred property is in position of a de facto guardian of Hindu minor - Such transfer on behalf of minor is an unauthorized and is void - Alienee cannot justify it on the ground that minor subsequently did not..........
Hindu Minority and Guardianship Act, 1956, Section 6, 11 -- Property of minor - Alienation by brother of minor without permission of Court - Brother who transferred the property is not a natural guardian - Question therefore, whether such sale was made under duress or for legal necessity of minor cannot be considered...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Two sale deeds of ancestral property executed by one `T' on different dates - Both the sale deeds challenged in two suits - At the time when first suit was filed second alienation could be challenged - Cause of action stemmed from one single cause of action and not two different causes of action - Mere fact that a different..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Partition suit -- Alienation of undivided share by one of co-parcenar - Share of intervener/purchaser - Purchaser will get the property which comes in the share of his vendor/coparcener - Firstly, it will be partitioned between vendor and his three sons each will get 1/4th share - Since vendor/co-parcenar sold the property, therefore purchaser will get property within..........
Hindu Law -- Joint Family Property - Alienation for legal necessity and/or to pay the `antecedent debt' - Sale deed executed was to clear/pay the `antecedent debt' and for legal necessity of the family members - Finding of High Court calls for no interference...........
Karnataka Land Revenue Act, 1964, Section 4, Karnataka Land Grant Rules, 1969, Rule 9(i) - - Grant of agricultural lands to members of SC/ST community - Condition of no, alienation for period of 15 years - Appellant transfer the land by executing GPA in favour of his wife - GPA was executed prior to period of 15 years - Nature of transaction was such that it had occurred..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
