Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Admission by defendant that property is ancestral - However, defendant set up Will in their favour - Trial Court ought to have allowed application preferred by plaintiff that defendant to establish correctness of Will at the first instance...........
Ancestral Property -- Right to alienation - Last male holder of Jat agriculturist tribe of Rohtak and Jhajjar districts had an unrestricted right to alienate even his ancestral land except for immoral purpose...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Hindu Law -- Ancestral property - Presumption - Until and unless property in question is proved to be ancestral in nature on basis of positive evidence led, same cannot be presumed to be so...........
Hindu Law -- Ancestral property - Property of grandfather of plaintiff devolved upon plaintiff and his father on basis of registered Will as admitted by plaintiff himself - Father of plaintiff executed Will bequeathing his half share in favour of his other son defendant no.2 - Plaintiff thus, failed to prove that suit property is ancestral co-parcenary property...........
Will -- Ancestral property - No law to prevent executing Will of ancestral property...........
Hindu Succession Act, 1956, Section 30 -- Ancestral coparcenary property - Will - Competency of Hindu Male - Plaintiff admittedly granted half of property in earlier Will and he made no grievance - It is only when subsequent Will is sought to be executed and share of plaintiff is substantially reduced that he raised competence of executant to execute Will - Plaintiff..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute between family members of one family relating to partition of ancestral property - Sudden fight between parties - There was no premeditation on part of accused and act was done in a heat of passion - It is not the case of prosecution that accused has taken any undue advantage or acted in a..........
Hindu Law -- Joint Family Property or co-parcenary property - Plaintiff contended that property in question purchased in the joint names of defendants from funds of co-parcenary property in the hands of father of defendants - However, defendant No.2 never stated that sale consideration in respect of land purchased in his name was paid by his father - Statement of..........
Hindu Law -- Ancestral property - Succession - Prior to Commencement of Hindu Succession Act - Succession opened in 1951 on the death of great grandfather of plaintiff - Nature of property inherited by his son i.e grandfather of plaintiff was co-parcenary in nature - Even though grandfather of plaintiff had effected a partition of co-parcenary property amongst his sons in..........
