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Showing posts with label ancestral property. Show all posts
Showing posts with label 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, 19 November 2023

Under which circumstance Compromise between some of the parties in partition suit will become invalid and no valid decree can be passed based on said compromise?

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   The present case depicts as to how on February 27, 1991 the court recorded the alleged agreement and compromise in a casual manner. It ne...

Whether the daughter is entitled to get share in the ancestral property of her father If Law Gets Amended Before Passing Final Decree In Partition Suit?

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 Before we proceed to discuss the dictum, as laid by this Court in Vineeta Sharma (supra) we must look into the decision of this Court in th...
Thursday, 14 September 2023

Supreme Court expounds the law relating to right of illegitimate child in father's ancestral property

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K. Conclusion 54. We now formulate our conclusions in the following terms: (i) In terms of Sub-section (1) of Section 16, a child of a marri...
Sunday, 2 April 2023

Can the court accept a compromise petition if the party has not given authority to his advocate to compromise the case through a special Vakalatnama?

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  The third question that arises for our consideration in context with the legality and validity of the settlement is whether the learned ad...

Can a court issue a partition decree with the consent of only some of the coparceners?

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  Indisputably, in the case on hand, the Plaintiff has not put her signature on the deed of settlement, which was produced before the High C...

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...

Can the court declare the compromise decree invalid if consideration for the alleged compromise was inadequate and there was variance between the agreement and compromise petition?

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  We shall now look into the circumstances, as highlighted by the learned Senior Counsel appearing for the Defendant No. 2, rendering the se...

Must the court entertaining a compromise petition examine whether the compromise was void or voidable under the Indian Contract Act?

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  When the amending Act introduced a proviso along with an explanation to Rule 3 of Order 23 saying that where it is alleged by one party an...

What is the duty of the court before accepting a compromise petition?

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  The present case depicts as to how on February 27, 1991 the court recorded the alleged agreement and compromise in a casual manner. It nee...

Whether the court should accept compromise petition if it is not signed by a party or his Advocate?

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   The learned Counsel appearing for the Respondent took a stand that the High Court was justified in taking the view that the suit had been...

Can the court refuse to vary a preliminary decree of partition in final decree proceedings if there is a change in law during those proceedings?

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The decision of Vineeta Sharma (supra) also highlights that a change in law during the pendency of an appeal must be considered and appropri...
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...
Saturday, 9 April 2022

Whether the court can rely on the plea of a coparcener that property is a self-acquired property in the absence of a specific pleading and independent nucleus for acquiring property?

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  It is an admitted fact that, plaintiff No.1 is the legally wedded wife of defendant No.1 and out of the said wedlock, plaintiff No.2 is bo...
Saturday, 3 April 2021

When can the daughter not claim that her mother is in a fiduciary relationship with her?

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   To establish a fiduciary relationship of the mother (D1) with her children, the appellant has once again used the same facts and chain of...
Friday, 2 April 2021

Whether the daughter can get a partition of ancestral property by disowning relinquishment deed?

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 The plaintiffs, while admitting the execution of sale deed Ex.A-2, refute the release deed. The recital in the release deed refers the exec...
Friday, 23 October 2020

Whether the property will remain ancestral property if the husband has given property to wife by executing will?

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This Court finds no merit in the aforesaid submission of learned Counsel appearing for the plaintiffs because bare perusal of copies of Jama...
Monday, 13 January 2020

When court should not permit obstructionist to lead evidence in execution of decree proceeding?

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1)The petitioners (decree holders) have filed these two writ petitions challenging two identical orders passed by the Court of Joint Civil...