Punjab Land Revenue Act, Section 116 -- Private partition objection and plea that question of title involved - Private partition not incorporated in revenue record - Disputed land still comprised in joint-Khatas of the parties - May be parties in exclusive possession of Khasra numbers of joint-land for convenience of cultivation - Cannot be treated as partition because in..........
Haryana Panchayati Raj Act, 1994, Section 175(1)(i) -- cannot remain as Panch-Quashed. - holding Panch to be disqualified in view of ,S. 175(1) and - -Ultra vires-Anguri Devi's case (2) PLJ 4 DB Reiterated-Failure to pay arrears to Gram Panchayat or Panchayat Samiti by member of undivided Hindu family would make Sarpanch or Panch liable for disqualification-Struck..........
Hindu Law -- Coparcenary - It is much narrow body that a joint family - It consists of male members of a joint and undivided family who are related to the head of the family within four degrees i.e. sons, grand - sons and great grand - sons i.e. three generations next to the holder of joint property in an unbroken male descent - Co - parcenary excludes female members of..........
Hindu Law -- Coparcenary property - Hindu Undivided family property - Right of female member of HUF to claim partition - A sole surviving male coparcener can constitute a HUF with a female member of the family but by virtue of her being a member of HUF that female does not become coparcener - The female can be a member of HUF but not of coparcenary - She does not have..........
Hindu Minority and Guardianship Act, 1956, Section 12 -- Joint Hindu Family Property - Minor's interest in such property - Sale by father - Father may sell such property including son's interest therein to discharge antecedent debt or for legal necessity - Burden to prove existence of legal necessity or antecedent debt is on alienee - Where this burden is not discharged,..........
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44 -- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till..........
Partition Act, 1893, Section 4 -- Dwelling house belonging to undivided family - Suit for partition - Final decree passed - S.4 can be pressed in service in execution proceedings arising out of a final decree for partition, by one of co-owners against a stranger transferee of a share therein - Held, S.4 in its applicability covers all stage of litigation in a partition..........
Co-sharers -- Sale of specific portion - Sale of specific portion of undivided property is nothing but sale of share of the vendee subject to partition and adjustments - Vendee is entitled to hold possession of such specific portion till partition in accordance with law - Sale, held not invalid...........
Partition Act, 1893, Section 4 -- Applicability of the provision - Necessary conditions are (i) the house should be owned by an undivided family; (ii) the share of a co-sharer therein should have been transferred to a person who is stranger to the family; (iii) the transferee should have sued for partition; and (iv) a member of the family being share-holder claims and..........
Hindu Minority and Guardianship Act, 1956, Section 8, 6, 12 -- Minor -Undivided interest of the minor in the Joint Hindu Family property - Sale by Karta - Held, S.8 is not applicable in view of the express terms of Ss.6 and 12...........