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Showing posts with label
karta
.
Show all posts
Showing posts with label
karta
.
Show all posts
Sunday, 7 June 2026
Supreme Court: After Intestate Succession under Hindu Succession Act, One Co-Heir Cannot Alienate Shares Of Others Acting As Karta
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Accordingly, in the context of Section 8, the question of karta-ship ordinarily does not arise merely because the property has come from a p...
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...
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...
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 ...
Saturday, 19 February 2022
Whether Karta of a joint Hindu family must obtain the permission of the court for disposal of immovable property involving an undivided interest of the minor?
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A conjoint reading of the provisions contained in sections 6, 8 and12 of the Act, indicates that natural guardian of the property of Hind...
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...
Friday, 9 April 2021
Whether court can treat the tenanted property as joint family property if Karta is the tenant of said property?
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A perusal of the facts on record would show that it was a contract of tenancy entered upon by great grandfather of the plaintiff. Even if...
Wednesday, 26 August 2020
Bombay HC: Basic principles which court should follow while declaring any one member of the family as a tenant
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Accommodation is a serious problem facing people. Practically in every tenanted premises along with the tenant scores of other relatives r...
Sunday, 19 January 2020
Whether it is mandatory to implead karta of HUF in eviction suit filed by co-owner of tenanted property?
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This, however, does not imply that for want of impleadment of Karta, in the peculiar facts of the case, the suit is liable to be dis...
Saturday, 11 January 2020
Whether mother can validly relinquish portion of joint family property inherited by minor daughter after death of father?
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A Karta is the manager of the joint family property. He is not the guardian of the minor members of the joint family. What Section 6 o...
Saturday, 27 April 2019
Whether case against Hindu undivided family will abate on death of its Karta?
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The matter can be looked at from another point of view also. Rule 10, Order 30. Civil P.C. provides that a Hindu undivided family carrying...
Sunday, 27 January 2019
Whether agreement of sale executed by karta is binding on member of joint family even if it is not executed for legal necessity?
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It is submitted by learned counsel for these Defendants that, admittedly the suit property is the ancestral joint family property of Defen...
Sunday, 11 November 2018
Whether mother can dispose off undivided interest of minor in joint family property without permission of court?
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The principal question that has arisen in this case is as to whether the mother of the original plaintiffs could have executed the afo...
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 ...
Sunday, 20 May 2018
SHORT NOTES ON LIMITATION ACT PART 3
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S 18. Effect of acknowledgment in writing:- Acknowledgment means a definite, clear admission of existing liability. It is not nec...
Tuesday, 17 October 2017
Whether a party is entitled to get mesne profits in all circumstances?
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It is necessary at the outset to distinguish between three types of cases in which a question of profits or mesne profits might arise. (1) ...
Saturday, 25 March 2017
Whether appeal filed by deceased karta of hindu undivided family is tenable?
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Rule 10 of Order 30 provides that any person carrying on business in a name or style other than his own name or Hindu undivided family c...
Saturday, 11 March 2017
Whether elder brother can be treated as karta of hindu joint family if father is alive?
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The next question that arises for consideration is that whether defendant No.1 was acting as the manager and ‘Karta’ of the joint famil...
Sunday, 12 February 2017
When junior members of family are bound by decision made by karta relating to family business and property?
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The status of the head of the family acting as a Karta under the traditional Hindu law deserves to be kept in mind in such a situatio...
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