Widow - Re - Marriage ....?

.... Widow - Re-Marriage............ Effect....?

                                  

- If Hindu widow remarrying after death of her husband without any partition of her share in the property inherited by her after death of husband , she will not get any right in joint family property of her deceased husband and brother.

- But Hindu widow prior to re-marriage filed suit for partition and separate possession of her share which she entitled after death of her husband  , such suit is decreed or prior to re-marriage her share was separated by a partition between members of family then after re-marriage by widow share acquired by her can not be divested to her previous family. But she be come exclusive separate owner of the same property.

- Hindu Widows Remarriage Act 1856 allow the widow to re- marriage after death of her husband. Prior to the said act re marriage is prohibited.

- Relevant Provision - - - - - -

- Old uncodified Hindu Law in respect of widows remarriage.

- Hindu Widows Remarriage Act 1856.

= = = Relevant Judgement = = = =

- Ram Swaroop and Anr v/s Mahindru and Ors 2004 SAR 207.

- Velamuri Venkata Sivaprasad (dead) by Lrs v/s Kothuri Venkateswarlu (dead) by Lrs & Ors A.I.R.2000 S.C.139 = 2000 SAR 102.

- Sitbai Narayan Rakshe @ Sitabai Gangaram Shete v/s Hari Laxman Rakshe and another 2012 Mh.L.J.678.

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Sale - Consideration.......?

.... Sale ..... Non payment of part of sale Price/Consideration.....?

                                      

-  Sale is a transfer of ownership in exchange for price/consideration paid or promised or part-paid and part-promised .

- Sale of immovable property of value of 100 rupees and upwards can be made only by registered instrument.

- Seller bound to disclose to buyer material defect in the property , produce on request of buyer all documents of title of his property, answer relevant questions put by purchaser in respect of title of property, on payment/tender of amount in respect of the price to execute conveyance of property , deliver possession of property and all documents of title of the property , pay all public charges and rent dues in respect of the property also discharge all encumbrances on the property existing.

- Buyer is bound to disclose extent of his interest in the property , pay or tender at the time of completing the sale the purchase money to seller. 

- Basically non payment of a part of the sale Price/Consideration is not ground to invalidate sale means it does not affect the validity of the sale.

- Seller have remedy in law for recovery of the balance consideration/price.

- Even though inadequacy of the consideration/price is not ground to invalidate sale.

- But sale without consideration is void.

_ _ _ _ Relevant Provision _ _ _

- Section 54, 55 of The Transfer Of Property Act 1882.

- Section 25 of The Indian Contact Act 1872.

 = = = Relevant Judgement = = 

- Vidhyadhar v/s Mankikrao & Anr A.I.R.1999 S.C.1441(I st Suppl) = 1999 SAR 443.

- Dahiben v/s Arvindbhai Kalyanji Bhanusali (D) Thr Lrs & Ors 2020 SAR 793.

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Adoption . . . Object.. Requirement....!

Adoption....... Object....... Requirements........ Etc

                                       

- Basically object of adoption is religious to secure spiritual benefit to the adapter and for purpose of offering funeral cakes , libations of water to the soul of the adopter and his ancestor. Also to secure an heir and perpetuate the adopter's name.

- Devolution of property of adopter is only secondary object of adoption.

- It means object of adoption is for religious and secular.

- Requisites of adoption , Capacity of a male/female Hindu to take in adoption , Persons capable of giving in adoption , Person who may be adopted , Other conditions for valid adoption are mentioned in Section  6 to 11 of The Hindu Adoption & Maintenance Act 1956.

- After adoption all ties of adoptive child in his natural family severed and replaced in adoptive family in all respect.

- Valid adoption not to be cancelled.

- Receiving payment , rewards are prohibited in adoption.

- For valid adoption basically consent of both parents as well as ceremony of actual giving and taking in adoption are required conditions.

- A widow can not adopt if her pre deceased so leaving his widow.

- Property vested in adoptive child before his adoption shall continue to vest in subject to obligation if any attaching to it . Such vested property does not divest to his natural family.

-----  -  - Relevant Provision  -   -  - - - - 

- The Hindu Adoption & Maintenance Act 1956.

- The  Uncodified Hindu Law provisions of adoption.

= = = = = Relevant Judgement = = = =

- M. Vanaja v/s M. Sarla Devi (dead) 2020(5) Mh.L.J. 507.

-Ghisalal v/s Dhapubai A.I.R.2011 S.C.644 = 2011 SAR 162.

- Laxmibai Thur v/s Bhagwanthbuva Thur A.I.R.2013 S.C.1204 = 2013 SAR 243.

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Partition-Family-Settlement-Relinquish- Registration

--- Registration - Partition, Family Settlement, Relinquish----

                                   

- Basically as per registration act every document which is creating or extinguishing right , title , or interest in immovable property of value of one hundred rupees and upward is require registration.

- But memorandum of  family settlement of oral partition already arrived at and acted upon by family members does not require registration.

- Even though family arrangement may be oral in such case no registration is necessary.

- After family settlement family members are estopped from denying if  it's bona fide , equitable and not be induced by fraud , coercion , undue influence.

- The basic object of family settlement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family.

- Oral relinquishment/surrender of share in a joint family property is valid.

- The registered document operates from the date of execution , not from the date of registration.

- If any document required registration as per registration act but not registered shall not be admissible in evidence .

------------ Relevant Provision --------------

- Section 17, 19 of Indian Registration Act 1908.

====== Relevant Judgement ======

- Gangadhar P. Harde v/s Uttam P. Harde 2008 (2) Mh.L.J.334 = 2008(3) All.M.R.152.

- Principal Secretary , Government of Karnataka and Another v/s Ragini Narayan and Another A.I.R.2016 S.C.4545 = 2017 SAR 72 .

- Subraya M.N. v/s Vitthala M.N. A.I.R.2016 S.C.3236 = 2016 SAR 772.

- Yellapu Uma Maheswari v/s Buddha Jagadheeswararao 2016 SAR 226 .

- Ravindra Karu Grewal & Ors v/s Manjit Kaur & Ors 2020 SAR 839.

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