COURT FEES-The plaintiff had sued for a twofold declaration: (i) that the property described in the plaint was a waqf, and (ii) that certain alienations thereof by the mutwali and his brother were null and void and were ineffectual against the waqf property. It was held that the second part of the declaration was tantamount to the setting aside or cancellation of the alienations and therefore the relief claimed could not be treated as a purely declaratory one and inasmuch as it could not be said to follow directly from the declaration sought for in the first part of the relief, the relief claimed in the case could be treated as a declaration with a “consequential relief.
Joint Hindu family
It is, however, a settled law that a coparcenary can make a gift of his undi vided interest in the coparcenary property to another coparcener or to a stranger with the prior consent of all other coparceners. Such a gift would be quite legal and valid
Evidence Act, 1872—Sections 101 to 104—Burden of proof—Joint Hindu Family—Presumption of—A Hindu family is presumed to be joint unless proved to the contrary—The burden of proving the status of the family is on the person claiming the relief on the basis of such status—It is a question to be determined in each case.
Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
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In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening circumstances.
SURJIT LAL CHHABDA Vs. THE COMMISSIONER OF INCOME TAX, BOMBAY-A Hindu coparcenary is a much narrower body than the joint family. It includes only those persons who acquire by birth an interest in the joint or coparcenary property and these are the sons, grandsons and great-grandsons of the holder of the joint property for the time being, that is to say, the three generations next to the holder in unbroken male descent. Since under the Mitakshara Law, the right to joint family property by birth is vested in the male issue only, females who come in only as heirs to obstructed heritage (sapratibandha day), cannot be coparceners. But we are concerned under the Income-tax Act with the question whether the appellant’s wife and unmarried daughter can with him be members of a Hindu undivided family and not of a coparcenary.
AIR 1964 SC 1385 : (1964) 6 SCR 321 (SUPREME COURT OF INDIA) Balmukand Appellant Versus Kamla Wati and others Respondent (Before : K. Subba Rao And J. R. Mudholkar, JJ.) Civil Appeal No. 7 of 1962,Decided on : 27-01-1964. hindu Law—Joint family property—Benefit of family—Determination of—Sale of joint family property without any difficulty in management of family nor for […]
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