Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC
7 months, 3 weeks ago

Coparceners Cannot Alienate Any Specific Share Of Land Belonging To Hindu Joint Family Property Other Than Their Own Share: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court has discussed the issue of the sale of a part of land belonging to a Hindu joint family property. Therefore, at the most the petitioners can be said to have purchased a share of coparceners/Co-sharer still they are not entitled for any specific piece of land.” The court stated that in a coparcenary, a person's share can be alienated but not any piece of land belonging to the Hindu joint family property, except the coparceners own share. The court examined whether a specific piece of land forming part of a Joint Hindu Family Property could be alienated. The court noted that if the property was indeed Joint Hindu Family Property, no coparcener or co-sharer could alienate a specific piece of land without a proper partition.

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History of this topic

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC
2 months ago

Daughter Born Before Partition Of Ancestral Property Prior To Amendment Of S.6 Of Hindu Succession Act Cannot Claim Right In Father's Share: Karnataka HC

Live Law  

The Karnataka High Court has said that daughter who was already born at the time of a partition that took place before 20th December 2004, between the father and his sons, cannot be elevated to the status of the daughter born after the partition and cannot claim the share in the property allotted to the father or challenge the alienation …

In Family Land Disputes, Initial Burden Of Proof Is On Those Claiming Property Is Joint Hindu Property: Allahabad High Court
10 months, 1 week 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 …

Property bought in name of homemaker wife is family property: Allahabad HC
1 year, 1 month 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 …

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute
1 year, 8 months ago

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute

Live Law  

A Full Bench of the Telangana High has ruled that a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property. "Only if a partition has taken place before the adoption and property is allotted to his share or self acquired, obtained by …

One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court
2 years, 7 months ago

One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court

Live Law  

Punjab and Haryana High Court recently reiterated that any one owner out of the co-owners can seek possession of the entire joint land. The bench comprising Justice Manjari Nehru Kaul further added that such co-owner can seek possession of the entire joint land on his own behalf, in his own right and as an agent of other co-owners. The court …

Village common land cannot be sold: Supreme Court
2 years, 11 months ago

Village common land cannot be sold: Supreme Court

Hindustan Times  

: Thousands of acres of village common land in Haryana sold off by shareholders or gram panchayat for monetary gains would get freed with the owners being ousted following a Supreme Court ruling on Thursday. Village common land cannot be sold: Supreme Court A bench of Justices Hemant Gupta and V Ramasubramanian held that the entire land reserved for common …

Hindu Succession Act | Daughters Entitled To An Equal Share In Property Inherited By Their Parents: Chhattisgarh High Court Reiterates
3 years 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
3 years, 1 month 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 …

Hindu Joint Family Even If Partitioned Can Revert Back And Reunite To Continue Joint Family Status: Supreme Court
3 years, 8 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. …

Hindu Succession -Property Of Hindu Male Undergoes Notional Partition On His Death To Devolve On Heirs; No Longer Joint Family Property : SC [Read Judgment]
5 years, 2 months ago

Hindu Succession -Property Of Hindu Male Undergoes Notional Partition On His Death To Devolve On Heirs; No Longer Joint Family Property : SC [Read Judgment]

Live Law  

The Supreme Court discussed the principles of succession as per Hindu Succession Act 1956 in a recent judgment.Referring to Sections 6 and 8 of the Act, the Court said that on death of a Hindu male, notional partition of his property will take place, and it will devolve on the legal heirs based on their respective shares. Since it was …

All HUF Assets Should Be Taken As Joint Property Unless Proven Otherwise: SC [Read Judgment]
7 years, 6 months ago

All HUF Assets Should Be Taken As Joint Property Unless Proven Otherwise: SC [Read Judgment]

Live Law  

The Supreme Court recently reiterated the principle that all assets in a Hindu Undivided Family would be presumed to be joint property belonging to all its members and that the burden to prove otherwise is on the family member asserting such claim.“It is a settled principle of Hindu law that there lies a legal presumption that every Hindu family is …

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