Hindu Succession Act, 1956, Section 29, 8 -- Failure of Heirs - In the event of a competent Court of law declaring a testament of a Hindu to be invalid and in the absence of any heirs u/s 8 of the Act then, S.29 of the Act would apply as it would be a case of failure of heirs - In such an event, property would devolve on Government and Government shall take the property..........
Hindu Succession Act, 1956, Section 29 -- Failure of Heirs - Probate of Will of testator was firstly declined by Single Judge but was later granted by Division Bench of High Court - Therefore, there is a pronouncement on validity of Will of testator by a competent Court of law - In the circumstances, legatees under Will would be persons who would succeed to property -..........
Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35 -- Auction sale - Dispute regarding priority of charge over property - Held, it would be appropriate that High Court first deals with issues raised by Axis Bank that it has first..........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Provision confers upon every woman in a domestic relationship the right to reside in shared household, irrespective of whether she has any right, title or beneficial interest in the same - However, this right is not indefeasible - It does not create a proprietary interest in the property..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD had specifically stated that he had never caused any obstruction or hindrance in execution proceedings - Attachment of property was already effected and perusal of previous orders reveals that earlier sale warrants were also issued but could not be..........
Hindu Adoptions and Maintenance Act, 1956, Section 19, 21(vii) -- Maintenance to widowed daughter-in-law - Widowed daughter-in-law is entitled to claim maintenance from coparcenary property which would subsequently form part of estate after death of father-in-law...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Right of residence - Shared household - Widowed daughter-in-law is not entitled to claim right of residence for two reasons i.e. it is upon her own volition that she stopped residing at suit property for past 13 years and secondly, right of residence provided under S.17(1) of the Act, stood curtailed as..........
Easements Act, 1882, Section 15 -- Easement - Right of pathway - Plaintiff claims that he was in continuous use of common road for over four decades - However, plaintiff failed to establish such right of way was acquired by him by prescription or grant or by necessity - Moreover, plaintiff has laid suit seeking relief of declaration in `B' Schedule property and for..........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Agricultural property - Provision of S.22 of the Act is applicable even to agricultural holdings and co-owners, who has jointly inherited property in question from their common predecessor is entitled to pre-empt sale...........
Hindu Succession Act, 1956, Section 22 -- Right of pre-emption - Sale deed in favour of respondent No.9 was executed during pendency of petition filed by petitioner so, same is hit by principles of lis pendens and would be subject to litigation between petitioner and appellants - Property was inherited by appellants from a common ancestor along with petitioner - Petitioner..........
