Court Fees Act, 1870, Section 7(iv)(c) -- Sale - Joint Hindu Family Property - Challenge to sale by Karta of Joint Hindu Family agricultural property - Court fee payable is under S.7(iv)(c) r/w S.7(v)(a) of the Act...........
Court Fees Act, 1870, Section 7(iv)(c) -- Sale of Joint Hindu family property by karta - Suit for declaration that plaintiff coparcener in suit property and sale deed effected by karta is null & void and not binding on his rights - Court fee is payable u/s 7(iv)(c) of Act...........
Hindu Law -- Sale of Joint Family Property by Karta - Alienees has to establish either the transaction was in fact justified by legal necessity or for the benefit of the estate or they had made reasonable and bona fide enquiries as to the existence of the necessity and satisfy themselves that the manager was acting for the benefit of the estate...........
Agreement to sell -- Specific performance - Coparcenary property - Sale cannot be preempted or thwarted only on the ground that the same is likely to affect the rights of the coparceners - A Karta or Manager is entitled to sell the property belonging to co-parcenes if it is for legal necessary and it is for the benefit of the estate - These facts have to be established..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Alienation of co-parcenary property - Karta of the family cannot be restrained from alienating the same - Right to challenge the alienation of coparcenary property is available only after the sale is complete...........
Hindu Law -- Joint Family Property - Alienation by Karta - Setting aside sale - Legal necessity - Onus to prove is on purchaser - Purchaser is to prove that he made proper and bona fide enquiry as to legal necessity and did all that was reasonable to satisfy himself as to the existence of such necessity - Purchaser is not bound to see that money paid is actually applied to..........
Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Legal Necessity -Duties of Alienee/Purchaser -Vendee/Alienee is not required to show that every bit of sale consideration advanced by him to Karta, is actually spent for meeting family necessity - Alienee/Vendee proving legal necessity regarding major portion of sale consideration - Sale by Karta cannot be..........
Hindu Law -- Alienation of Joint Hindu Family Property by Karta -General principles & Safeguards - (i) Karta has power to alienate Joint Hindu Family property for legal necessity and benefit of the estate, (ii) Payment of Government Revenue and debt, payable out of the family property, maintenance of co-parceners and members of their families, Marriage expenses of the male..........
Hindu Law -- Minor's property - Sale by Karta - Setting aside - Property of minor sold by Karta to discharge debt, installation of tubewell, redemption of land, education and bringing up of the minor - Minor not proved to owe any debt - No evidence that tubewell was required to be or was installed - No evidence of spending of substantial amount on the minor after the sale..........
Hindu Law -- Coparcenary property - Sale by Karta - Sale without legal necessity and not for the benefit of the management of the coparcenary property - Sale is liable to be set aside in its entirety and not to the extent of share of the alienating coparcener...........
