Hindu Law -- Ancestral property - No evidence on record that suit property was undivided property of a Hindu family of four generations - Plaintiff has only produced jamabandis to establish nature of property - However, said jamabandis shows that defendant is the owner of suit property - Suit property in question thus, cannot be held as ancestral property...........
Hindu Law -- Family settlement - There is no family settlement nor any other evidence has come on record to prove that suit property was ancestral in nature and rightly mutated in the name of son of deceased/grandfather of plaintiff - In the absence of said material evidence, Courts below have erred in holding that son of deceased had become owner of suit property on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Limitation Act, 1963, Article 109 -- For applicability of Art.109 of the Act, conditions to be fulfilled are : (1) the parties must be Hindus governed by Mitakshara; (2) the suit is for setting aside the alienation by the father at the instance of the son; (3) the property relates to ancestral property; and (4) the alienee has taken over possession of the property..........
Hindu Law -- Joint Family Property - Hindu father or any other managing member of HUF has power to make gift of ancestral property only for a `pious purpose' - `Pious purpose' is a gift for charitable and/or religious purpose'...........
Hindu Law -- Joint Family Property - A deed of gift of ancestral property executed `out of love and affection' does not come within the scope of the term `pious purpose'...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Partition suit - Property in question is ancestral property - Applicants had equal right of ownership in suit property as was enjoyed by plaintiff's father - Plaintiffs as well as applicant are living under one roof, their business, residence, telephone connection and gas connection are also common..........
Partition suit -- Ancestral property - No document or oral evidence led to show existence of any Joint Family Property or nucleous - Both the Courts concurrently held that there is no iota of evidence to show that suit property is ancestral property of plaintiff to be divided along with her father - Mere plea that suit properties are ancestral property of plaintiff and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff averred her 1/7th undivided share in lands and that she was not impleaded as a party in suit for partition before Revenue Court - Assertion in application for rejection of plaint that once partition attained finality, the same may not be allowed to be reopened by way of present suit and that..........
