Hindu Succession Act, 1956, Section 8 -- Inheritance - Partition suit - Suit properties devolved upon defendant No.1/father of plaintiff through Will and oral partition during lifetime of grandfather of plaintiff - Same should be treated as only separate properties - Question of inheritance u/s 8 of the Act by sons of defendant No.1 including plaintiff during life time of..........
Partition suit -- Property in question does not have the character of ancestral - Property successively devolved from original owner to first defendant/father of plaintiff through oral partition during life time of person with whom the property vested - Suit for partition held, rightly dismissed...........
Partition suit -- Suppression of compromise decree in earlier suit by plaintiff where he was allotted one fourth share - Plaintiff did not claim property as ancestral property in earlier suit - Plaintiff seeking one sixth share in suit property shows his admission of suit property being self acquired property of his father - Suit for partition not maintainable...........
Partition suit -- Non-inclusion of `B' schedule property in earlier suit for partition, shows that claim of plaintiff relating to said property is afterthought - Moreover, property in question was purchased by father of plaintiff for benefit of his second wife - No evidence led by plaintiff to rebut the same - Thus, plaintiff cannot claim `B' schedule property - Suit..........
Mahomedan Law -- Gift (Hiba) of property by father to his minor son - Mother acted guardian of minor - Validity of gift - When a father who is given the first preference to act as guardian, himself become donor in respect of property to his minor son then mother can accept the gift on behalf of minor - Acceptance of gift by mother in such situation, was not illegal or..........
Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Hindu Succession (Tamil Nadu Amendment) Act, 1989, Section 29A -- Suit for partition - Equal rights to daughter in coparcenary property - Appellant, married after the amendment - First appellate Court remitting back the matter to Trial Court for taking account of other properties inherited by appellant`s father found to be proper...........
Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Hindu Law -- Partition - Property which fell to the share of father in partition between him and his sons was though ancestral, still it acquires the character of his separate or self acquired property when he did not beget any son or daughter to claim share by birth...........
