Ancestral Property - Mitakshara Law

Ancestral Property.........mitakshara law....!

                                  

- Basically property inherited from parental ancestor is ancestral property.

- All property inherited by a male Hindu from his father, father's father or father's father's father, is ancestral property.

- Essential feature of ancestral property to Mitakshara law is that the son, grandson and great grandsons of person who inherits it, acquire an interest and the rights attached to such property at the moment of their birth.

- Share allotted on partition of ancestral property is ancestral property as regards to his male issue.(prior to amendment of 2005 in Hindu Succession Act 1956)

- But property inherited from maternal grandfather is not ancestral property.

- Property inherited from females is not ancestral property.

- Also property inherited from collaterals such as a brother, uncle, etc or from a female like mother is not ancestral property.

- Property acquired by adverse possession by father is not ancestral property.

= = Relevant Provision = = =

- Uncodified Hindu Law para on Ancestral Property.

- - - Relevant Judgement - - - -

.. Shyam Narayan Prasad v/s Krishna Prasad and Ors 2018 SAR 895.

...Arshnoor Singh v/s Harpal Kaur & Ors 2019 SAR 809.

... Valliammai Achi v/s Nagappa Chettiar A.I.R.1967 S.C.1153.

... Janarethbee v/s Pralhad A.I.R.1978 Bom 229.

.....  please read all my previous Blogs, commment give suggestion. Anybody can circulate all blogs without my consent...

Firm Of 2 partner Dissolution

-Partnership .... Firm  of  2 partners  ....Dissolution  

                              

- Basically partnership  firm must have at least 2 partners. 

- If partnership firm have only 2 partners and 1 has  agreed to retire,  then the retirement amounts to dissolution of the firm. 

- Retirement of a partner and dissolution of a partnership firm are different to each other. 

- In retirement reconstituted firm and retiring partner is to be paid his dues.

- In dissolution accounts have to be settled and distributed as per the mode. 

= = Relevant Provision = =

- Partnership Act 1932

- - - Relevant Judgement - -  - -

- Guru  Nanak Industries,  Faridabad  and Anr v/s Amar Singh (Dead) Thr. Lrs. 2021 SAR 183.

...please peruse all previous blog give comment suggestions. Anybody can circulate all Blogs without my consent.. 

- 

Trust Property - Suits

- Suit by or against - Trustees , Executors  & Administrators....

                                    

 Property Suits

- Basically suits concerning property of trust shall be filled by all trustee.

- Basically suits of trust property all trustee shall be joined as either plaintiff or defendant.

- Also as per provision of Maharashtra (Bombay) Public Trusts Act 1950 in some suit of trust property permission of Charity Commissioner is required for filing suit.

- But suit against trespassor above permission is not required.

- Also suit against third person for injunction in respect of trust property above permission is not required.

= = Relevant Provision = = =

- Order 31 of C.P.C.

- Section 50 & 51 of Maharashtra Public Trust Act 1950.

- - - Relevant Judgement - - 

- Nagar Wachan Mandir v/s M/s Akbarali Abdul Hussain & Sons 1993 Bom. C.J.810 = 1994 (1) M.L.J.280.

- Shri Cutchi Visa Oswal Derawasi Jain Pathshala v/s Shri Cutchi Visha Oswal Derawashi Jain Mahajan 2005(1) All.M.R.484 = 2005(1) Bom.C.R.105.

- Gafoor Ali Hussain v/s Ram Mahadik 2000(1) M.L.J.436.

- Pandurang S.Patil v/s Nanded Parsi Anjuman Trust 2011(1) M.L.J.524 = 2010(6) All.M.R.557.

- Yamunabai Dhankude v/s Shri Raosaheb Mohanlal Chinmanlal Maniyar Trust 2012(2)M.L.J.55 = 2012(1) All.M.R.622.

... please read all previous blogs comment give suggestions . Also anybody can circulate my all blogs without my consent....