Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1) -- Parole - Ground of repair of ancestral house - Accused involved in 12 cases and his parents and two brothers can carry out necessary repairs of ancestral house - Merely because accused stands acquitted in 7 cases is no ground to release him on parole as his conduct is sufficient to conclude that..........
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..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Eviction - Unauthorized occupation by son - House solely belongs to father - Objection by son that property in question is ancestral is of no consequence after categoric findings recorded by Civil Court, contrary to it, that property in question solely belongs to father and not ancestral in..........
Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bereft of relevant particulars - Partition suit - Plaintiff claiming suit properties to be HUF Properties, as acquired from ancestral funds - He would be entitled to partition of suit properties even if suit properties are held to be self acquired properties of plaintiff's predecessors - More so,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and perpetual injunction - Ancestral property - Plaintiff born before date of vesting, so he got share equivalent to defendant No.1 in the property of Sir and khudkasht along with his father/defendant No.1 - However, name of father recorded in revenue record as `Karta' of family - Plaintiff aggrieved only..........
Ancestral property -- Single transfer of property from father to son does not prove the suit property to be ancestral coparcenary property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Hindu Law -- Ancestral property - Sale in public auction to clear family debts - Purchase of property by members of joint family - Property becomes their self acquired property - Property lost its character as an ancestral property...........
Evidence Act, 1872, Section 17 -- Admission - Suit for partition - Mere admission in earlier suit qua nature and character of property as ancestral would not clothe the nature and character of property as ancestral...........
