Understanding Court Fee Payments in Property Partition: A Legal Insight
In property partition cases, one of the most pressing questions for parties involved is related to the payment of court fees. Particularly, when the property in question has a significant market value, the calculation of the court fee can become a complex issue. For advocates and clients alike, understanding the basis for these fees is […]
Gift made by father out of joint family property
Supreme Court in Ammathayee @ Perumalakkal v. Kumaresan @ Balkrishnan, AIR 1967 SC 569 has observed :- Hindu Law on the question of gifts of ancestral property is well settled. So far as moveable ancestral property is concerned, a gift out of affection may be made to a wife, to a daughter and even to a son, […]
Alienation of Property under Hindu Law
Power of Alienation – Although no coparcener including the `Karta’, has any power to dispose of the joint family property without consent of all others, as recognized by `Dharm shastra’ an member has power to alienate joint family property. According to “Vijnaneshwara” in following three exceptional circumstance, alienation of joint family property could be made:- (1) […]
Coparcenery
Coparcenery under Mitakshara school is narrower body of persons within a Joint family. Mulla in “Principles of Hindu Law” (12th edition) has stated that Joint family consists of all persons lineally descended from common ancestor and includes their wives and unmarried daughters. Hindu Coparcenary is much narrower body than Joint family and it includes only those persons […]
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