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Showing posts with label relinquishment. Show all posts
Showing posts with label relinquishment. Show all posts
Monday, 18 December 2023

Whether the rule of Estoppel will prevent sons from claiming rights in the self acquired property of their grand father, if their father has relinquished his rights in that property?

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What estoppel brings about, however, is preventing a party from setting up the right, which, but for the estoppel, he would have in the prop...
Sunday, 2 April 2023

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...
Sunday, 29 January 2023

Supreme Court: When A Person Has Relinquished Rights In Father's Self Acquired Property, His Sons Are Estopped From Claiming Share

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   In the facts of this case, the case of the appellants may be noted. It is their case, that Shri Chandran, their father, himself did not h...
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...
Sunday, 14 March 2021

Whether relinquishment of self-acquired properties of a deceased by legal heirs will enure to benefit of all other legal heirs?

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This Court in case of Kishore Tulshiram Mantrim (supra) after adverting to the judgment of Supreme Court in case of Thamma Venkata Subbamma ...
Saturday, 10 March 2018

To what extent unregistered family settlement can be relied on?

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 Under Section 17 of the Registration Act, the documents which purport or operate to create, declare, assign, limit or extinguish any rig...
Saturday, 13 January 2018

Whether mutation entries in absence of registered relinquishment deed can be relied on?

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Since this Court has already come to the conclusion, on the basis of aforesaid provision of law as well as material available on record, t...
Sunday, 23 April 2017

Whether father has relinquished his share in name of his son if he has agreed for mutation of property in name of son?

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We considered the rival contentions. There is no dispute in the factual matrix. Guramma was the first wife of 1st defendant and the plai...
Thursday, 29 December 2016

Whether wife can be denied maintenance on ground that she has relinquished her right to maintenance under divorce deed?

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 In another decision of the very coordinate bench in case of Narendrabhai Chandubhai Shah V/s. State of Gujarat, reported in 2013 (O) G...
Saturday, 2 July 2016

Whether there can be renunciation by one member of joint family in favour of one of several other members of family?

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There is another Privy Council judgment which supports the proposition that there cannot be a renunciation by one member of a joint fami...

Whether one member of joint Hindu family can relinquish his share in favour of only one coparcener?

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In a Full Bench decision of this Court reported in Chella Subbanna v. Chella Balasubbareddi MANU/TN/0035/1944 : AIR 1945 Mad 142 , it w...
Thursday, 12 March 2015

Whether mother can relinquish her interest in property without written instrument?

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Transfer of Property Act (IX of 1882), Section 9 - Indian Registration Act (XVI of 1908), Section 17--Extinguishment of interest in Im...

Whether oral relinquishment of self acquired property is valid?

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There is plaintiff's own admission that the suit property was self-acquired property of Pithuji. Since it was self-acquired property of...
Sunday, 1 March 2015

Whether wife who obtains divorce by mutual consent can be denied maintenance?

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It is well settled, as held by Hon'ble Supreme Court in  Vanamala v. H.M. Ranganatha Bhatta, (1995) 5 SCC 299 that a wife who obtains d...
Sunday, 14 December 2014

Whether gift of joint family property can be treated as relinquishment of property?

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Although the gift is ostensibly in favour of Veera Reddy, but really the donor meant to relinquish his interest in the coparcenary in f...
Friday, 25 April 2014

Whether the relinquishment deed is required to be registered and adequately stamped?

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 I   have   considered   the   rival   submissions   made  by learned counsel for the parties.   I have also  perused the material on rec...
Sunday, 23 February 2014

Whether Absence of coparcener from village or non-enjoyment by him of joint family property would indicate his ouster from joint family ?

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The Apex Court in "Annasaheb Bapusaheb Annasaheb Patil (19) and others v. Balwant alias Balasaheb Babusaheb Patil (dead) by LR...