HIGH COURT OF DELHI
HON'BLE MR. JUSTICE JASMEET SINGH, J
DR. PUSHPALATA AND ANR. – Appellant
Versus
RAM DAS HUF & ORS. – Respondent
JUDGMENT :
Jasmeet Singh, J.
1. The instant suit has been filed seeking the following substantial prayers:-
a. To pass a decree of declaration that the Plaintiff is entitled to 1/5th share of the Suit HUF properties.
b. To pass a preliminary decree of partition in favor of the Plaintiff and against the Defendants holding the Plaintiff to be entitled to 1/5th share of the Suit HUF properties.
c. To pass a decree for declaration in favor of the Plaintiff and against the Defendants declaring that any change in the record of ownership or any Agreement/contract of sale etc. if any done or entered into by any of the Defendants without express consent of the Plaintiff in respect of the Suit HUF properties mentioned in is null and void and not binding upon the Plaintiff;
d. After passing the preliminary decree as at (a) and (b)above, pass orders for appointment of local commissioner/s for effecting the partition by metes and bounds of the suit properties with a further direction to the local commissioner to suggest other modes of partition and in case this Hon'ble Court comes to the conclusion that it is not possible to effect partition by metes and bounds, then the suit properties be sold/ rele
DR. PUSHPALATA AND ANR. Vs RAM DAS HUF & ORS. - 2025 Supreme(Online)(DEL) 98: The provided text describes factual details about the creation and management of "Ram Das HUF" by Dr. Ram Das as Karta/Manager, followed by a partial citation to two cases: "Jupudi Kesava Rao and Ors., 1994 SCC OnLine AP 1" and "Mallesappa Bandeppa Desai & Anr. vs." (incomplete). There are no keywords or phrases indicating any judicial treatment patterns (e.g., followed, distinguished, criticized, overruled, reversed, or abrogated) for any referenced case. The text appears to be an excerpt from a judgment discussing facts and citing precedents without specifying how those precedents were treated. Treatment is entirely unclear and ambiguous due to lack of explicit indicators.
The court affirmed that the plaintiffs, as daughters, are entitled to a share in HUF properties under the amended Hindu Succession Act, while clarifying that marriage to a Muslim does not sever their....
The main legal point established in the judgment is that in order to claim a share in ancestral properties as part of an HUF, it is necessary to provide specific factual details of the creation or ex....
The main legal point established is the requirement for clear documentary evidence and detailed factual references to establish HUF property, as well as the presumption that every Hindu family is joi....
Children born from void marriages are deemed legitimate under Section 16 of the Hindu Marriage Act, allowing them to inherit from their parents' property, including ancestral property.
Amendments to the Hindu Succession Act do not apply retroactively to previously partitioned properties, confirming the validity of prior partitions.
Recognition of 'No Marriage' between parties of different religions precludes rights to property succession, emphasizing strict adherence to marriage laws under Hindu Succession Act, 1956.
The main legal point established in the judgment is that the rights of daughters as coparceners would not be revived in respect of properties that have already been partitioned, as clarified in the V....
At the stage of Order VII Rule 11 of the CPC, the Court cannot go into the veracity of the pleas taken in the plaint or its truthfulness. The same can only be tested in a trial.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.