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Showing posts with label
joint family property
.
Show all posts
Showing posts with label
joint family property
.
Show all posts
Tuesday, 8 September 2026
Bombay HC: Outsider's Alienation Of Joint Family Property Cannot Be Challenged In Partition Suit Between Coparceners
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Here, the alienation is not done by a coparcener, but the same is done by an outsider i.e. Khot family. Therefore, the issue of alienation b...
Tuesday, 6 May 2025
Supreme court: When Joint Hindu Family Property Is Partitioned, Shares Of Parties Become Their Self-Acquired Properties
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It cannot be disputed that the properties divided among Defendant No. 1 and his brothers through partition deed dated 09.05.1986, are joint ...
Thursday, 13 March 2025
Protecting Minors' Interests in Joint Family Property Sales: A Judicial Perspective
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In the complex realm of joint family property, the legal nuances surrounding the sale of such assets, particularly when minors are involved,...
Wednesday, 11 September 2024
Supreme Court: Co-Owner Whose Share In Joint Property Remained Undetermined Cannot Transfer Entire Property
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The suit property which is undivided is left with the co-owners to proceed in accordance with law to get their shares determined and demar...
Saturday, 31 August 2024
Bombay HC: An adult member can sell the Minor's undivided interest in joint family property if it is for legal necessity
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Hindu Minority and Guardianship Act (1956), Ss.6,8,12 - Minor's undivided interest in joint family property - Sale of minor's share ...
Monday, 18 December 2023
Whether Daughter will Lose Right In Joint Family Property if Dowry Was Paid At Her Marriage?
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The evidence on record shows that the joint family property was purported to be exclusively usurped by the brothers to exclude the sisters....
Friday, 14 April 2023
Can brothers exclude their sisters from joint family property on the ground that dowry was paid at the time of their sisters' marriage?
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The evidence on record shows that the joint family property was purported to be exclusively usurped by the brothers to exclude the sisters. ...
Monday, 23 May 2022
Can the daughter claim partition of joint family property without bringing property given to her towards dowry in hotchpotch?
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Such being the case, I am of the considered opinion that a beneficiary of Section 6 of the Hindu Succession Act cannot claim a benefit by ...
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...
Tuesday, 14 December 2021
Whether son can challenge alienation of joint family property by father for legal necessity?
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Once the factum of existence of legal necessity stood proved, then, in our view, no co-coparcener (son) has a right to challenge the sale...
Thursday, 30 September 2021
Can one brother sell the property to a stranger if there is a preferential offer clause in the family settlement?
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The question is to whether clause (5) in question is vague and unenforceable. We noticed that it provides that the property in question cann...
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...
Saturday, 27 February 2021
Whether Married Hindu Woman can give property that she has inherited from her husband in Family Settlement to her brothers' children?
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Reverting to the facts of the present case, admittedly, the defendants-respondents were nephews, i.e., brother’s sons of Smt. Jagno. We need...
Saturday, 24 October 2020
Whether court can infer existence of joint family property if two brothers are carrying on business jointly?
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The law is well settled that the burden is on the person who alleges that the property is a joint property of an HUF to prove the same. Re...
Tuesday, 1 September 2020
Whether the widow of one brother can claim Benami joint ownership of the property if it is in the name of another brother?
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Furthermore, it is essential to observe that the present appellant's claim also does not fall within the exception (iii) to Section 2(...
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...
Thursday, 13 August 2020
Supreme Court: Precaution to be taken by the court if, in the suit for partition of joint family property filed by a daughter, defence of prior partition is taken
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Earlier, an oral partition was permissible, and at the same time, the burden of proof remained on the person who asserted that there ...
Friday, 24 July 2020
Whether a son conducting business with father can claim that it is a joint family business if father has started the said business with his self-acquired property?
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In Ramaswami Nayakar v. Raja Padayachi MANU/TN/0247/1925 : AIR1926Mad963 , it has been held that the question whether the self-acquired p...
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...
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