Hindu Succession Act, 1956, Section 30 -- Gift of joint family property by a coparcener is void...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction against a co-sharer - A co-sharer can be retrained from making construction over joint property if he is doing so the detriment of the interest of the other co-sharers...........
Limitation Act, 1963, Article 110 -- Suit by a person excluded from joint family property, to enforce a right to share therein - Limitation is twelve years - Limitation commences when the exclusion becomes known to the plaintiff...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction against co-owner from raising construction over joint land - permitting co-owner to continue and complete construction on condition that he will demolish it if ultimately found that he has no right to make construction or that he has exceeded his right in making the construction - Not appropriate...........
Partition -- Deori Kalan was left joint property of all the branches of the joint family for the purpose of ingress and egress to their respective parties - Change in circumstances - There is no bar in law that the property which was kept joint of the parties cannot be subsequently partitioned...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata-Earlier'X' filed suit claiming title through his father, who was `Karta' of the family-Suit decided - Subsequent suit filed by `X' when property was still joint claiming title - Barred by res judicata...........
Court Fees Act, 1870, Section 7(v)(a) -- Alienation of Joint Hindu Family Property - Challenged by son that the sale is without legal necessity - Since suit has been filed under Hindu Law as such question of paying ad valorem Court Fee on the sale price does not arise. (1990 Civil Court Cases 240 (P&H) followed)...........
Transfer of Property Act, 1882, Section 2, 5, 44 -- Decree for joint possession - Plaintiff and his family deprived of the use of basic amenities as toilet, bath room & tap - Suit claiming damages - Decreed...........
Civil Procedure Code, 1908, Order 21, Rule 35(1) -- Decree for joint possession - Actual possession cannot be delivered - There is no authority for the proposition that where the decree is for joint possession, the decree of actual possession will have the effect of converting the decree as one for actual possession (1977 PLJ 79 & AIR 1974 Orissa 173 (F.B.) distinguished)...........
Court Fees Act, 1870, Section 7(v)(a) -- Alienation of Joint Hindu Family Property - Challenged in a suit for declaration that sale is without legal necessity and without consideration claiming consequential relief of possession - Held, suit has been filed under the Hindu Law as such question of paying ad valorem Court Fee on the sale price does not arise...........
