Co-sharers -- Co-sharer in possession is entitled to sell his or her share and deliver possession...........
Hindu Succession Act, 1956, Section 15(1)(d) -- Succession - Nominee on the basis of nomination exercised by deceased cannot claim to be an heir of deceased and cannot claim the amount on basis of nomination - It is obligatory on his part to distribute the amount to legal heirs of deceased - Legal heirs entitled to 1/3rd share each as per S.15(1)(d) of the Act...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu male dying intestate - Deceased had died after coming into force of the Act - Legal heirs of deceased were co-sharers thus, had equal share in disputed land - One of co-sharers `K' had no power to execute Will of entire land except of his share and on account of Will, mutation entered in the name of `K' was void ab..........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Suit property would devolve upon legal representatives of Hindu Male as per S.8 of the Act - A widow falls in the category of Class I heirs as per Schedule and would be entitled to share of her husband - Case set up by defendant that widow had remarried after death of her husband, rejected,..........
Indian Penal Code, 1860, Section 447, 457, 341 -- Offence u/ss 447, 457, 341 IPC - Quashing of proceedings - Entire case is based upon allegation that petitioners have trespassed into his share of house in question - Co-sharers in a disputed property cannot be said to have committed theft or criminal trespass - Petitioners cannot be held liable for any of offences..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Partition -- Preliminary decree - Modification - Father of parties died intestate pending appeal - Share of father has to be allotted to LRs on record - Suit properties divided into six equal shares and plaintiff is entitled to one such share in it...........
Transfer of Property Act, 1882, Section 123, Stamp Act, 1899, Section 2(24) -- Gift or settlement deed - Transfer of property in favour of `G' was in recognition of the fact that she had been taking care of transferors and would continue to do so while also using the same to carry out charitable work - Consideration need not always be in a monetary terms and it can be in..........
Partnership Act, 1932, Section 37 -- Right of outgoing partner - Suit for dissolution of firm - Assets of Firm were taken over by defendant No.4 - If defendant No.4 is carrying on business with the assets of Firm, till a final settlement is made, an outgoing partner has right to seek for accounts and a share in the profits which might be derived from his share in the..........
