Excerpt:the price paid for the sale is inadequate and that the sale effected by the plaintiff's father in favour of defendant 1 is not justified on the ground that it was beneficial to the family estate. If that be so, then the sale deed would not be binding on the plaintiff to the extent of … Continue reading when the price paid for sale is inadequate and not for the benefit of family estate, then the sale deed is not binding on the heirs.
A ‘step-son’ is not entitled as ‘son’ to inherit, to his stepmother as one of the heirs under this Entry. But he can succeed to her property as an heir of her husband under Entry (b)”.
Excerpt: Karnataka High Court Mallappa Fakirappa Sanna ... vs Shivappa And Anr. on 4 December, 1961 Equivalent citations: AIR 1962 Kant 140, AIR 1962 Mys 140 Author: Sadasivayya Bench: M Sadasivayya, A A Khan JUDGMENT Sadasivayya, J. (1) This Regular Appeal is against the judgment and decree in Special Civil Suit No. 41/54 on the … Continue reading A ‘step-son’ is not entitled as ‘son’ to inherit, to his stepmother as one of the heirs under this Entry. But he can succeed to her property as an heir of her husband under Entry (b)”.
Rama Ananda Patil vs Appa Bhima Redekar And Ors
Bombay High Court Rama Ananda Patil vs Appa Bhima Redekar And Ors. on 4 July, 1968 Equivalent citations: AIR 1969 Bom 205, (1968) 70 BOMLR 773, ILR 1969 Bom 252 Author: Deshpande Bench: Tarkunde, Deshpande JUDGMENT Deshpande, J. 1. The short question that falls for determination in this case is as to whether, a son … Continue reading Rama Ananda Patil vs Appa Bhima Redekar And Ors
Prasad & Ors vs V. Govindaswami Mudaliar & Ors
Excerpt: In order to uphold an alienation of a joint Hindu family property by the father or the manager it is not only necessary to prove that there was a legal necessity but also that the father or the manager acted like a prudent man and a did not sacrifice the property for an inadequate … Continue reading Prasad & Ors vs V. Govindaswami Mudaliar & Ors
In order to uphold an alienation of a joint Hindu family property by the kartha,legal necessity and also that the karta acted like a prudent man and did not sacrifice the property for inadequate consideration, has to be proved.
Excerpt:In order to uphold an alienation of a joint Hindu family property by the father or the manager it is not only necessary to prove that there was a legal necessity but also that the father or the manager acted like a prudent man and a did not sacrifice the property for inadequate consideration. Supreme … Continue reading In order to uphold an alienation of a joint Hindu family property by the kartha,legal necessity and also that the karta acted like a prudent man and did not sacrifice the property for inadequate consideration, has to be proved.
Rajalakshmi And Ors. vs Minor Ramachandran And Anr
Excerpt: the mere fact that a person gifts property to a minor will not entitle that person by reason of the factum of the gift only to appoint a guardian for the minor in respect of that property. Repeating what has already been stated, it will be open to the donor to provide for the … Continue reading Rajalakshmi And Ors. vs Minor Ramachandran And Anr
Smt. Himi D/O Smt. Lachhmu & Anr vs Smt. Hira Devi Wd/O Budhu Ram & Ors
Excerpt: Supreme Court of India Smt. Himi D/O Smt. Lachhmu & Anr vs Smt. Hira Devi Wd/O Budhu Ram & Ors on 25 September, 1996 Author: S Majumdar Bench: N.P. Singh, S.B. Majmudar PETITIONER: SMT. HIMI D/O SMT. LACHHMU & ANR. Vs. RESPONDENT: SMT. HIRA DEVI WD/O BUDHU RAM & ORS. DATE OF JUDGMENT: 25/09/1996 … Continue reading Smt. Himi D/O Smt. Lachhmu & Anr vs Smt. Hira Devi Wd/O Budhu Ram & Ors
Sunamani Dei vs Babaji Das And Ors.
Excerpt: Faced with the difficulty of annual floods ravaging the residential house the defendant No. 3 as a prudent manager looking after the estate in which was included the undivided interest of the minor made the alienation and acquired a more useful property. That she was certainly competent to do. The plaintiff having been fully … Continue reading Sunamani Dei vs Babaji Das And Ors.
Pleadings in civil cases have an important consideration and it is well settled that no evidence can be looked into in respect of a case, which is not made out in the pleadings.
Excerpt: Pleadings in civil cases have an important consideration and it is well settled that no evidence can be looked into in respect of a case, which is not made out in the pleadings. Legal necessity does not mean actual compulsions, it means pressure upon the estate which in law may be regarded as serious … Continue reading Pleadings in civil cases have an important consideration and it is well settled that no evidence can be looked into in respect of a case, which is not made out in the pleadings.
When once a property becomes the absolute property of a female Hindu it shall devolve first on her children (including children of the predeceased sons and daughter) and then on other heirs.
Excerpt: When once a property becomes the absolute property of a female Hindu it shall devolve first on her children (including children of the predeceased sons and daughter) as provided in s. 15(1)(a) of the Act and then on other heirs subject only to the limited change introduced in s. 15(2) of the Act. The … Continue reading When once a property becomes the absolute property of a female Hindu it shall devolve first on her children (including children of the predeceased sons and daughter) and then on other heirs.
sarvepalli legal 