Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Hindu Law -- Joint family property - Once there is disruption in the family and parties have decided to distribute the property, such property cannot be held to be still ancestral coparcenary property - After family settlement and distribution of property, property left in the hands of a member of joint Hindu Family would be his individual property...........
Transfer of Property Act, 1882, Section 45 -- Joint owners - Property purchased jointly by mother and her minor son and entire sale consideration was paid by mother - However, recital contained in sale deed shows that mother retain the suit property till her life and after her demise property absolutely vested in minor son - This itself is a contract contrary to S.45 of..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately since 2006 and in all this duration, wife seems to have made no efforts to join company of husband - Rather act of wife of cleaning out the joint locker of parties shows an animus descendi - Divorce rightly granted...........
Motor Vehicles Act, 1988, Section 166 -- Enhancement of compensation - Complainant a house wife and suffered 40% permanent disability because of amputation of left leg below knee joint - Tribunal awarded Rs.20,000/- for permanent disability and total compensation of Rs.90,000/- - Services of house wife cannot be monetized, yet in claim petition claimant herself had claimed..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiffs asserted that suit properties are joint family properties and not partitioned by metes and bound - Defendants on the other hand asserted that some of suit properties are their self acquired properties - In view of said categorical stand of defendants, they shall begin first - Only..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........
Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........
