Hindu Minority and Guardianship Act (1956), Ss.6,8,12 - Minor's undivided interest in joint family property - Sale of minor's share ...

   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...

Merely because the burden has been wrongly thrown on the defendants, it cannot be said that the learned First Appellate Court has committe...

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...

It is submitted by learned counsel for these Defendants that, admittedly the suit property is the ancestral joint family property of Defen...

 This Court in Paramesh Sarmah & Ors. Vs. Islamali & Ors. (supra), held in para-9 as under: " 9. The condition on which t...

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

 As has been observed above that since lease deed Ex. PW-2/A was void ab initio, no right over suit property, if any, could be claimed by ...

There is no debate before us that the impugned sale can be upheld if it is for legal necessity and not otherwise. It is admitted position t...

Recitals in a deed of legal necessity do not by themselves prove legal necessity. The recitals are, however, admissible in evidence, their ...

In re : whether sale was for legal necessity, and thus binding : 83. It was submitted that sale was for legal necessity for benefit of e...

Exhibits 133 and 134 record of tenancy proceeding which was filed by Laxmibai against husband of Anjanibai shows that the proceeding was ...

Another contention of plaintiff Deodatta is that there was no legal necessity for his father Shankarrao to execute the sale deed. In th...

Learned counsel for the respondent placed reliance on cases reported as 2010 (5) Mh.L.J. 713 (Ramchandra vs. Vasant), A.I.R. (33) 1944 O...

Recitals in a deed of legal necessity do not by themselves prove legal necessity. The recitals are, however, admissible in evidence, th...

Meaning of legal necessity is given in para 241 of the Hindu Law by Mulla. This para shows that legal necessity includes family debts i...

Hence, in view of our above discussion, the limitation to file the present Suit is governed by Article 60 of the Act and the limitatio...

The whole argument of the learned counsel is placed on a wrong premise that there is a presumption of existence of joint family pr...

The   learned   District   Judge   has   considered   this   aspect   in paragraphs   15   and   16.   After   considering   the   evide...

As to question nos.(a) and (b), the following facts are not in dispute: (I) That the defendant Ramchandra the deceased was the fat...