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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
NIDHI GUPTA
Satbir – Appellant
Versus
Ram Narain – Respondent
JUDGMENT :
Nidhi Gupta, J.
The defendants No.1 and 2 are in second appeal against the concurrent judgments and decrees of the learned Courts below, whereby the suit filed by respondent No.1/plaintiff for declaration, has been decreed by both the Courts below.
2. The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellants are the 'defendants No.1 and 2'; and respondent No. 1 is the 'plaintiff'.
3. Brief facts of the case as stated in the plaint are that the plaintiff Ram Narain son of Tale, resident of village Loharwara, had filed the present suit for declaration against the defendants with the averments that previously Tara Chand was the owner in possession of agriculture land measuring 10 Bigha 15 Biswa and 1/3rd share measuring 20 Bigha 9 Biswa, as detailed in para No.2 of the plaint.
4. The following pedigree table will be helpful, in order to understand the relationship between the parties: -
5. Tale, father of the plaintiff had expired on 18.4.1940 during the lifetime of his father Tara Chand, who had died in the year 1942. The mutation No.157 of inheritance of Tarachand was sanctioned on 16.9.1942. While sanctioning the mutati
The court affirmed that Kareva marriage customs are valid and the testimonies provided sufficiently proved the marriage, impacting the inheritance rights of the parties involved.
A marriage is void if either party has a living spouse, affecting property rights under Hindu Law. The cause of action for declaring property rights occurs at the time of infringement or threat of in....
A female Hindu retains absolute ownership of her inherited property despite remarriage, and her children from a subsequent marriage are entitled to inherit such property.
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