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Showing posts with label alienation of ancestral property. Show all posts
Showing posts with label alienation of ancestral property. Show all posts
Monday, 19 February 2024

Under which circumstances coparceners can challenge alienation of immovable property done by karta of joint hindu family?

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   It is trite law that Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) le...
Sunday, 2 April 2023

Whether gift/renunciation/relinquishment or alienation by one coparcener of his undivided coparcenary interest to another coparcener without consent of other coparceners void?

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  Moreover, under Hindu Law, the gift/renunciation/relinquishment or alienation by one coparcener of his undivided coparcenary interest to a...
Thursday, 21 April 2022

Whether Karta of a joint Hindu family can gift ancestral property in favour of a third party out of love and affection?

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 In the instant case, it is admitted by the second defendant that the settlement deed dated 22.03.1980 (Ex.P1) is, in fact, a gift deed whic...
Wednesday, 12 February 2020

Whether donor can impose condition in gift deed that donee shall not have right to alienate gifted property?

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 Learned counsel for the respondents has rightly placed reliance on the judgment of Allahabad High Court in Smt. Brij Devi vs. Shiva Nanda...
Saturday, 27 April 2019

Whether defendant taking plea of legal necessity can lead evidence to show that property was alienated for discharge of antecedent debt?

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Somanath Sahu, the alienor of Ext. D was the manager of the joint family consisting of he himself and his sons, plaintiff and defendants 3...
Sunday, 13 November 2016

Whether property received by widowed daughter from her father in lieu of maintenance will become her absolute property?

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Hindu Law- Hindu Succession Act, 1956- Sec. 14(1)- Moral obligation, when becomes legal obligation - Discussed In this matter, argum...
Wednesday, 20 July 2016

Whether coparcener can file a suit to restrain manager of Joint Hindu Family from alienating family property?

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 At the outset it is to be noticed that in a suit for permanent injunction under Section 38 of the Specific Relief Act by a coparcener ...
Wednesday, 20 April 2016

Whether alienation of ancestral property done after commencement of Hindu Succession amendment Act 2005 is protected?

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 In the present case, so called alienation took place after 9.9.2005, the date fixed for giving effect to the Act. The provision of sec...
Thursday, 21 March 2013

Daughter will not get right in property of joint Hindu family where the disposition or alienation including any partition has taken place before December 20, 2004;

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 The new Section 6 provides for parity of rights in the coparcenary property among male and female members of a joint Hindu family on a...