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Showing posts with label coparcener. Show all posts
Showing posts with label coparcener. 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, 31 December 2023

Whether Karta Of Hindu Undivided Family Can Alienate HUF Property Even If Minor Has Undivided Interest In It?

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The position on the rights of a Karta vis-à-vis an HUF property is well settled. This Court in Sri Narayan Bal v. Sridhar Sutar1 has held th...
Sunday, 2 April 2023

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...
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...
Friday, 1 April 2022

Whether step mother can execute agreement of sale regarding immovable property as karta if she has inherited it alongwith her step daughters from her husband?

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There is no dispute about the fact that the suit properties  were the separate properties of Dajiba. After his demise somewhere in the year ...
Monday, 31 August 2020

Whether injunction application to restrain daughter-in-law from entering the marital home is maintainable?

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  In the present case, the first defendant has squarely questioned the title, of the plaintiff, to the suit property, and has contended...
Friday, 24 July 2020

Whether the Court can treat the partition of self-acquired property by a father as a family arrangement or gift to sons?

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It is well settled that a compromise or family arrangement is based on the assumption that there is an antecedent title of some sort in ...

Whether coparcener can throw his self-acquired property into common stock if there is no joint family property?

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Sri R. Gopalaswami Iyengar, appearing for the contesting respondents 1 and 2 urged that as there was no joint family property, there coul...
Sunday, 19 July 2020

What is difference between succession and survivorship as per Hindu Succession Act?

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Prior to enactment of Hindu Succession Act 1956,on the death of one coparcener of joint family,other coparceners of joint family were gett...
Sunday, 5 July 2020

Delhi HC: Tests to determine when a deed can be treated as release deed or relinquishment deed

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From a reading of the above judgments, the test to determine whether an instrument can be considered as a Release/Relinquishment Deed ca...
Saturday, 28 December 2019

Whether daughter can claim share in joint family property prior to death of father?

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 Section 6 of the Act has been amended on 09.09.2005 effacing devolution by survivorship through insertion of intestate succession in Mita...
Wednesday, 2 October 2019

Whether it can be presumed that there was joint family property if there was HUF Bank Account?

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HUF BANK ACCOUNT IS NOT RELATABLE TO ANY PROPERTY. THEREFORE, IRRELEVANT 86.  As regards the HUF Bank account opened on 22nd November...
Monday, 2 September 2019

Leading Supreme court Judgment on share of widow in property of her deceased husband

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Before considering the implications of Explanation 1, it is necessary to remember that what Section 6 deals with is devolution of the inte...
Thursday, 18 July 2019

Whether S 6 of Hindu Succession amendment Act 2005 is prospective in nature?

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The text of the amendment itself clearly provides that the right conferred on a 'daughter of a coparcener' is 'on and from the...
Saturday, 23 March 2019

Whether benami prohibition Act is applicable if father purchase property in the name of son?

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In Sri Marcel Martins v. M. Printer and Ors. MANU/SC/0333/2012 : (2012) 5 SCC 342 it was held that Benami Transactions (Prohibition) Act,...
Saturday, 26 January 2019

Whether members of joint family can claim interest in property if Hindu male has bequeathed it by execution of will ?

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Section 30 of the Act, the extract of which has been referred to above, permits the disposition by way of Will of a male Hindu in a Mi...
Friday, 23 November 2018

When daughter and wife of male Hindu is entitled to sue for partition of joint family property?

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 As regards the entitlement and share of the appellant No. 1 in the suit property, now in view of the law laid down by the Apex Court, i...
Sunday, 9 September 2018

Whether a person can claim that property standing in the name of wives of his nephews are belonging to him?

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It is apparent that as per clause (1) of section 4 of BTA, no suit to enforce any right in respect of any property held benami against the...
Tuesday, 28 August 2018

Whether karta of family can sell ancestral property without consent of other coparceners?

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In our considered opinion, a case of legal necessity for sale of ancestral property by the Karta (Pritam Singh) was, therefore, made out ...