Hindu Succession Act, 1956, Section 14 -- Property of Hindu Female - A pre-existing right is sine qua non for conferment of a full ownership u/s 14 of the Act...........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu Female - A female Hindu must not only be possessed of property, but she must have acquired the property - Without actual acquisition in any manner is not sufficient to attract S.14 of the Act...........
Hindu Women, Section 3(1) -- Joint Family Property - S.3(1) of the Act only applies to separate property - Since the property was joint family Property, Hindu Widow can make no claim u/s 3(1) of the Act...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority without seeking relief to set aside document of alienation - Limitation - Relief to set aside transaction forms an integral part of option available u/s..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Sale deed in question is only voidable at the instance of minor and not void at its very inception...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Civil Procedure Code, 1908, Section 2(a), 14, Hindu Marriage Act, 1955, Section 19 -- Jurisdiction - Court comes to conclusion that it does not have jurisdiction to decide suit/ petition - Still that Court pronounce judgment on all issues - Said deciding of issues held, erroneous as Court has come to conclusion that it has no territorial jurisdiction to entertain petition...........
Joint Hindu Family -- Family settlement - Once there is partition/division pursuant to a family settlement which is acknowledged in a judgment and decree then Joint Hindu Family comes to an end...........
Civil Procedure Code, 1908, Section 24 -- Transfer of petition u/s 9 of Hindu Marriage Act - Wife sought transfer of said petition from Kathua to Jammu, as place where petition is filed by husband is about 80 kms away from her residence - Moreover, wife has two small children and she has no source of income - Wife also has an old mother and that she is suffering from..........
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Section 11 -- Interim maintenance - Second application - Not barred by constructive res judicata when in the first application wife had claimed only litigation expenses...........
