Hindu Succession Act, 1956, Section 6, 8, Hindu Marriage Act, 1955, Section 5, 11 -- Coparcenery property - Inheritance of - A Hindu contracting second marriage whereas he was having three daughters from first wife - Son born from second wife - Second marriage hit by S.5 of Hindu Marriage Act - Son will not be a coparcener with father and would not inherit the properties..........
Motor Vehicles Act, 1988, Section 163A -- Accident - Compensation - Owner or authorised insurer is liable to pay compensation to the legal heirs of the victim in case of death or permanent disablement as indicated in Second Schedule - When a claim petition is u/s 163-A of the Act, claimant is not required to plead or establish that the death or permanent disablement was..........
Hindu Succession Act, 1956, Section 15(1) -- Self acquired property of a widow dying intestate - Cannot be inherited by succession - It would go to the heirs of the pre-deceased husband...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Non compliance with the provision - Consequences are not provided - The provision does not take away the duty on the part of the plaintiff or the appellant to file an application for condonation of delay in bringing on record the heirs and legal representatives of a deceased plaintiff/appellant or defendant/respondent..........
Adverse possession -- Property belonged to A & B step brothers - A selling his share to B - Deed of settlement executed where right to enjoy property was given to A - A remained in possession for 22 years - Legal heirs of A cannot claim property by way of adverse possession...........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Exemption from bringing on record L.R's of deceased defendant - Exemption to bring on record the heirs and legal representatives of the deceased could be taken or granted by the court only before the judgment is pronounced and not after it...........
Will -- Suspicious circumstances - (i) The signature of the testator may be very shaky and doubtful or not appear to be his usual signature; (ii) The condition of the testator's mind may be very feeble and debilitated at the relevant time; (iii) The disposition may be unnatural, improbable or unfair in the light of relevant circumstances like exclusion of or absence of..........
Adverse possession -- Co-heir - Possession of one co-heir is presumed to be on the basis of joint title - The co-heir in possession cannot render his possession adverse to the other co-heir not in possession, merely by any secret hostile animums on his own part in derogation of the other co-heir's title - As between co-heirs there must be evidence of open assertion of..........
Hindu Succession Act, 1956, Section 15 -- Inheritance - Agnates acquire an interest only when there is no heir of either Class I or Class II - When there exists Class II heirs, the appellants would not have any real interest in the property...........
Civil Procedure Code, 1908, Order 1, Rule 9, Civil Procedure Code, 1908, Order 34, Rule 7, Transfer of Property Act, 1882, Section 91, 60 -- Suit for redemption of mortgage - Death of mortgagee - Necessary parties - In a suit for redemption of mortgage, all the heirs and legal representatives of the deceased mortgagee are necessary parties - However, in a case where some..........
