Hindu Succession Act, 1956, Section 8, General Clauses Act, 1897, Section 3(57) -- Succession - Partition suit - Right of step son in ancestral property of a Hindu male dying intestate - Expression `son' has not been defined under Act of 1956 and the definition of `son' u/s 3(57) of General Clauses Act, includes only an adopted son and not a step son - Therefore, son of..........
Hindu Succession Act, 1956, Section 8, Income Tax Act, 1961, Section 2 -- Partition suit - Right of step-son of deceased coparcener in joint family property - Expression `son' - Contention that Income Tax Act being a central Act, definition of child thereunder must be read into Hindu Succession Act, which is but another central Act - Held, there is no such law warranting..........
Transfer of Property Act, 1882, Section 10, 11 -- Condition restraining alienation - A clause in a partition deed restraining alienation of properties allotted to parties will be void, though a deed of partition cannot strictly be regarded as a document of transfer...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Where a property is transferred subject to a condition or limitation absolutely restraining the transferee or persons claiming under him from parting with or disposing of interest in property except in case of lease, such condition or limitation should be treated as void...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Applicability of S.10 - Though S.10 of TPA may not be directly applicable to a deed of partition, but absolute restrain on alienation in a deed of family settlement or partition will be invalid on general principles of law...........
Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Partition deed - Condition of inalienability - Imposition of condition cannot be treated as one for beneficial enjoyment of any property included in the partition deed, but only for personal need of surviving members of family - Second part of S.11 of the Act cannot save the clause in..........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of enquiry U.O.2.R.2(3) CPC..........
Partition suit -- Hindu U, divided Family (HUF) - Plaintiff was 18 years of age when suit plot was purchased - No documentary evidence on record to prove that plaintiff ever contributed for purchase of property, which is admittedly purchased by defendant no.2 from DDA - Mere oral testimonies cannot mean discharge of onus of proof which was upon plaintiff for proving..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Hindu Law -- Partition - Claim by daughters - Plea of defendants of ancestral property - However, no evidence that properties were ancestral - Plaintiff daughters jointly entitled to 2/5th share in properties...........
