Hindu Undivided Family - No Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset : Supreme Court
3 years, 8 months ago

Hindu Undivided Family - No Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset : Supreme Court

Live Law  

Just because a business was run by a karta of a Hindu Undivided Family in a tenented premise, there is no presumption that it is a joint Hindu family business, held the Supreme Court in a recent judgment. The bench held that the High Court erred in concluding that the business run by the tenant was a joint Hindu family business. "Thus, mere payment of rent by great grandfather or by the grand-father of the plaintiff raises no presumption that it was a joint Hindu family business. Hence, the High Court has committed a basic error of law and fact that the payment of rent or the Ration Card proves that the tenant was carrying business as a Joint Hindu Family Business.

Family Supreme Court High Court Property Court Tenancy Hindu Run Supreme Plaintiff Grandfather Karta Hemant Gupta Presumption Ration Card Hindu Undivided Family Premise Joint Business Joint Family Great Grandfather Joint Hindu Family No Presumption Tenented Premise  run  presumption  tenancy  grandfather  tenented  hindu  property  plaintiff  undivided  supreme  karta  joint  business  premise  court  family

History of this topic

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14
1 week, 6 days ago

Hindu Succession Act | Supreme Court Refers To Larger Bench Conflicting Opinions On Female Hindu's Rights Under S.14

Live Law  

The Supreme Court on Monday highlighted the inconsistencies and conflicting interpretations surrounding the interplay between Sections 14 and 14 of the Hindu Succession Act, 1956 which deals with the rights of Hindu females in property inherited or possessed by them.The bench comprising Justice PS Narasimha and Justice Sandeep Mehta dealt with the. In Sadhu Singh's case, the Court said that …

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
1 month, 1 week ago

Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court

Live Law  

While discussing the 2005 amendments to the Hindu Succession Act, Justice N Seshasayee of the Madras High Court observed that while the amendment ensured that daughter's got a share in the ancestral property, it also took away the quantum of property that would otherwise vest with the widow and the mother of a deceased. The court added that notional partition …

In Family Land Disputes, Initial Burden Of Proof Is On Those Claiming Property Is Joint Hindu Property: Allahabad High Court
7 months ago

In Family Land Disputes, Initial Burden Of Proof Is On Those Claiming Property Is Joint Hindu Property: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that in Hindu family land disputes, the person claiming the property in question to be a Joint Hindu Family Property would have the initial burden of proof to establish the same. The Court relied on Kunj Bihari v. Ganga Sahai Pande where Allahabad High Court held that “The legal proposition which emerges therefrom is …

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court
7 months ago

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She Possesses It : Supreme Court

Live Law  

The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided property of a Hindu Undivided Family, she should have been in possession of the property.The bench comprising Justices BR Gavai and Sandeep Mehta, after referring to the statutory scheme and precedents, observed :“It is clear that for establishing full ownership on the undivided joint …

Property bought in name of homemaker wife is family property: Allahabad HC
9 months, 4 weeks ago

Property bought in name of homemaker wife is family property: Allahabad HC

Hindustan Times  

The Allahabad High Court has ruled that property bought by a husband in the name of his homemaker wife without having any independent source of income "will be the property of the family". Allahabad High Court While hearing a case involving a son's claim for declaration of co-ownership of his deceased father's property, Justice Arun Kumar Singh Deshwal said that …

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court
10 months, 3 weeks ago

Interim Maintenance Order U/S 24 Hindu Marriage Act Not Interlocutory, Appealable U/S 19 Family Courts Act: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that pendente lite maintenance passed by Family Court under Section 24 of Hindu Marriage Act, 1955 is amenable to an appeal before High Court under Section 19 of the Family Courts Act.For context as per Section 19 of the Family Court, an appeal shall lie from every judgment or order, …

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court
10 months, 4 weeks ago

Proposed Purchaser Of Joint Family Property Cannot Be Impleaded As Party Respondent In Suit For Partition: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that a proposed purchaser of a joint family property cannot be impleaded as a party respondent in a suit for partition and separate possession between family members. A single judge bench of Justice M G Uma set aside the trial court order allowing one Murugan to be impleaded in the suit between …

Hindu Succession | 'Issue Is Of Parents' Ancestral Property' : Supreme Court Reserves Judgment On Right Of Child From Invalid Marriage
1 year, 4 months ago

Hindu Succession | 'Issue Is Of Parents' Ancestral Property' : Supreme Court Reserves Judgment On Right Of Child From Invalid Marriage

Live Law  

The Supreme Court today reserved its judgement in the issue of whether children born out of a void or voidable marriage had a right in parents' ancestral property as per the Hindu law. To this, the CJI said– "You are saying that the moment a child is born even if he is born out of a void marriage, he gets …

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court
1 year, 6 months ago

Married Daughter Of Hindu Malayala Kammala Given Stridhan Also Entitled To Share In Self-Acquired Property Of Parent: Kerala High Court

Live Law  

The Kerala High Court recently held that married daughters belonging to the Hindu Malayala Kammala caste would also be entitled to a share in the self-acquired property of their parent. It held that any custom governing intestate succession in respect of the self acquired property of a Hindu that was inconsistent with the provisions of the Hindu Succession Act, 1956, …

Supreme Court Annual Digest 2022- Hindu Law
1 year, 11 months ago

Supreme Court Annual Digest 2022- Hindu Law

Live Law  

Family Courts Act, 1984 Family Courts Act, 1984 - The Family Courts Act is not a standalone Act. Akella Lalita v. Sri Konda Hanumantha Rao, 2022 LiveLaw 638 : AIR 2022 SC 3544 Hindu Adoption and Maintenance Act, 1956; Section 9 - Natural Guardian - Mother has an equal position as the father. Arunachala Gounder v. Ponnusamy, 2022 LiveLaw 71 …

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court
2 years, 7 months ago

Hindu Succession Act - HUF Property Is Presumed For Be For Widow's Maintenance When She Has Its Settled & Exclusive Possession : Supreme Court

Live Law  

The Supreme Court observed that settled exclusive possession of a property of Hindu Undivided Family by a widow would create a presumption that such property was earmarked for realization of her pre-existing right of maintenance.This is more particularly when the surviving coparcener did not earmark any alternative property for recognizing her pre-existing right of maintenance, the. The Supreme Court observed …

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court
2 years, 7 months ago

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court

Live Law  

The Madras High Court bench of Justice N. Anand Venkatesh observed that merely because a son has been added as a co-vendor in a sale deed would not give rise to the presumption that the property being dealt with is a family property. The court further held that the burden of proof to prove that the property was a joint …

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court
2 years, 9 months ago

Family Courts Act | Not All Transactions With In-Laws Qualify As Circumstance Arising Out Of Marital Relationship: Kerala High Court

Live Law  

The Kerala High Court has ruled that every transaction by either of the spouse or by both of them with the in-laws or relatives cannot be termed as 'in circumstances arising out of a marital relationship under the Family Courts Act, 1984. A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas found that the impugned transaction in …

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
2 years, 9 months ago

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates

Live Law  

The Chhattisgarh High Court has recently held that as per Hindu Succession Act as amended in 2005, the daughters are also entitled to get an equal share in the property inherited by their parents. On doing so, it noted, "Since the plaintiff and defendants are coparcener of the joint Hindu family property, as per Hindu Succession Act as amended in …

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court
2 years, 9 months ago

Properties Given As Dowry To Be Included In Partition Suit Instituted By Daughter Under Hindu Succession Act: Karnataka High Court

Live Law  

The Karnataka High Court has held that the properties which had been given as dowry or otherwise at the time of marriage of the daughter, would be amenable for partition and the same will have to be included in a suit for partition, instituted by the daughter. A single judge bench of Justice Suraj Govindaraj said, "In a suit for …

Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source: Supreme Court
2 years, 11 months ago

Inherited Property Of A Female Hindu Dying Issueless And Intestate Goes Back To The Source: Supreme Court

Live Law  

The Supreme Court observed that inherited property of a female Hindu dying issueless and intestate, goes back to the source. "If a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go …

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court
3 years, 2 months ago

Relief Against Third Party Can't Be Claimed In Proceedings Between Husband & Wife Under Hindu Marriage Act : Supreme Court

Live Law  

The Supreme Court has held that in a proceedings under the Hindu Marriage Act between a husband and a wife, a relief against a third party cannot be claimed.The Court held so while rejecting a wife's plea to seek a declaration that the alleged marriage between her husband and another woman was void. The Supreme Court has held that in …

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court
3 years, 5 months ago

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court

Live Law  

Hindu Joint Family even if partitioned can revert back and reunite to continue the status of joint family, the Supreme Court observed in a judgment delivered on Wednesday.The bench comprising Justices Ashok Bhushan and R. Subhash Reddy observed that the acts of the parties may lead to the inference that parties reunited after previous partition.In this case, a partition dated. …

Rights of daughters | Supreme Court ruling a wake-up call to family businesses
4 years, 4 months ago

Rights of daughters | Supreme Court ruling a wake-up call to family businesses

The Hindu  

Family businesses which have not yet recognised the rights of daughters will see an impact from the Supreme Court’s verdict on Tuesday that gives retrospective effect to a 2005 amendment to the Hindu Succession Act of 1956, experts said. The apex court has ruled that daughters will have equal coparcenary rights in a Hindu Undivided Family irrespective of whether the …

Discover Related