Search Results for "Karta alienation"

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Search Results for "Karta alienation"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Karta's Authority to Sell Joint Hindu Family Property Upheld. The Court held that a Karta can execute an agreement to sell joint family property without consent of other coparceners if supported by legal necessity, and the absence of their signatures does not invalidate the transaction.

12 Oct 2021

The Supreme Court allowed the appeal filed by Beereddy Dasaratharami Reddy against the judgment of the Karnataka High Court which had dismissed his su...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Hindu Law Requires Legal Necessity for Alienation of Joint Family Property; Burden on Alienee Not Discharged.

30 Mar 2005

The case involves a second appeal filed by the original defendant no.1 against the judgment of the appellate court which held that sales effected by d...

High Court

Bombay High Court Allows Second Appeal in Property Dispute — Sale Deed by Father Not Binding on Sons as Legal Necessity Not Proved. Court sets aside concurrent findings of courts below, holding that burden to prove legal necessity for sale by father as karta of joint family was not discharged by purchaser.

28 Jul 2010

The present second appeal arises from a judgment and order dated 20.4.1999 passed by the Additional District Judge, Khamgaon in Regular Civil Appeal N...

Supreme Court

Supreme Court Upholds Plaintiff in Service Inam Alienation Dispute — Sale Void but Suit Within Limitation. Prohibition on Alienation of Patel-ki-Watan Inam Land in Kolhapur State Upheld Under Wat Hukums, and Suit Not Barred as Defendant Not Entitled to Possession and No Dispossession Occurred Under Article 142 Limitation Act.

14 Oct 1969

The case involved a dispute over the validity of a sale of patel-ki-watan inam land in the former princely State of Kolhapur and whether the subsequen...

High Court

Bombay High Court Dismisses Second Appeal in Hindu Joint Family Property Dispute Due to Absence of Substantial Question of Law. Court Affirmed Concurrent Findings That Karta's Sale of Ancestral Property Without Legal Necessity Was Not Binding and Suit Was Within Limitation Under Article 59 of Limitation Act, 1963.

18 Jul 2025

This second appeal arose from a dispute over ancestral property in Pune, where the original plaintiffs (Respondent Nos.1 to 6) and the original defend...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Case — Agreement Not Binding on Minor Coparceners. Karta's alienation of joint family property without legal necessity or benefit is not binding on minors; readiness and willingness cannot be considered for first time in appeal without issue framed.

22 Dec 2018

The appellants, original defendants 1 to 5, are members of a joint Hindu family. Respondent 1, Kiran Avachat, filed Special Civil Suit 78/2006 for spe...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

Bombay High Court at Aurangabad Hears Letters Patent Appeal Against Dismissal of Review in Kulkarni Watan Land Regrant Case. Decides on Rights of Purchaser Versus Successors of Original Watandar Under Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

10 Jan 2019

The dispute involved lands bearing Survey Nos. 135 and 144 at Jamda, Jalgaon, originally held as Kulkarni Watan. In 1944, the vendor Ramchandra Tembul...

High Court

High Court of Judicature at Bombay Reviews Appeals Against Temporary Injunction in Hindu Joint Family Partition Suit. Court Examines Whether a Coparcener Can Seek Injunction Against Other Coparceners Under Hindu Law and Order 39 Rules 1 and 2 CPC.

26 Oct 2023

The appeals arose from an order dated 4 February 2022 passed by the 3rd Joint Civil Judge Senior Division, Sangli, allowing an application at Exhibit-...

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