Understanding the Status of Undivided Family Dwelling Houses in Hindu Law

The severance of the two branches from the original undivided family becomes final and complete, but the ancestral property in the hands of that branch under the partition remains joint property in the hands of that branch which now assumes as a fresh unit the character of a Hindu undivided family ... In view of this admission, the only issue of fact which remains' for our decision is whether the learned Judge was cor....

If they so prefer, they may dispose only of some part of the joint property, in which event what remains in their hands continues to belong to the family whose undivided status is still preserved. ... If it be correct to say that, when two or more co-parceners exist, they do not own the joint property in undivided shares, I do not see how it can logically be concluded that, when only one of them remains, he automati....

A. 75 at 89, Lord Westbury said, " According to the true notion of an undivided family in Hindu law, no individual member of that family, while it remains undivided, can predicate of the joint and undivided property that he, that particular member, has a certain definite share. ... There remains the alternative submission which was based on section 8 (1) (a). ... In other words, so long as the #HL_ST....

2024 Supreme(SRI)(SC) 12733

That portion therefore remains unallotted. The title to that remained in the original co-owners and that title is in no respect affected by the partition decree. ... As to whether the unallotted portion of land remains co-owned property or not depends on the facts and circumstances of each case. rd Defendant-Respondent-Respondent undivided 5/56 4th Defendant-Respondent-Respondent undivided 5/56 5th Defendant-Respondent-Re....

family in Hindu Law, no individual member of that family whilst it remains undivided can predicate of the joint and undivided property, that he, that particular member has a certain definite share ". ... That is what it is until he alienates it, and, if he does not alienate it, that is what it remains. ... Upon (a) no doubt arises : it is conceded that he was a member of a Hindu undivided family. ......

2023 0 Supreme(Del) 159

A dwelling house is thus that house which is an actual, physical, inhabited possession of one or the other members or the family in stricto sensu, and if some are absent due to exigencies of service or vocations, the dwelling house remains available for them to re-enter without any obstruction or hindrance ... Whether the suit property is an undivided dwelling house of an undivided family? 52. The term “dwelling house” is not defined in the....

High Court Malaya Alor Setar

It remains undisputed that the 1st Defendant is a descendant of Dahman Haji Mat Akib and is therefore factually a beneficiary of the estate. The formal distribution process is still ongoing and complicated by disputes among the beneficiaries. ... First, does the Plaintiff's undivided share confer a right to exclusive possession of any specific portion of the undivided land? Second, can the Plaintiff override the long-standing communal arran....

There remains the question whether section 406 (2) also stands in the way of the plaintiffs' claim (as purchasers from Ramalingam) in opposition to the title previously asserted by the 1st defendant. ... The 4th defendant also purchased " 2 undivided lachams " from the 3rd defendant. ... He was accordingly added as a party defendant, and filed an answer claiming an undivided 2/9 share upon a title precisely similar to that which he a....

The prohibition only deals with undivided shares. In the present case there is a sale of a future interest, ex hypothesi not undivided. E. B. Wikramanayake, K.C., in reply. ... The only question which remains for decision is as to the effect of that part of the deed which disposes of the " rights, interests, lot or lots which may be allotted" (and which were in fact subsequently allotted) to the second defendant under the partition de....

he is entitled as a result to an undivided 2/3 share only in the share in severalty. ... Although the plaintiff was aware that a decree had issued alotting a share in severalty to Ukku Menika in place of her undivided interest, he chose to ignore it and proceeded with his suit as for an undivided 2/3 share. ... All the undivided interests she had in the whole land were mortgaged; therefore, the whole of lot A 3 whic....

2020 4 Supreme 193

Coparcener cannot claim any precise share as the interest in coparcenary is fluctuating. When it remains undivided, the share of the coparcener is not certain. The basic concept of coparcenary is based upon common ownership by coparceners. Nobody can claim with precision the extent of his right in the undivided property.

2020 0 Supreme(Mad) 2094

Such right subsists as long as the property remains undivided. We therefore hold that right to bring an action for partition is a continuing right, incidental to the right of joint ownership in the property in question. Therefore, we hold that the claim of the appellants for partition and separate possession is not hit by the provisions of Limitation Act and we answer Point No.

2019 0 Supreme(MP) 722

A method of identification especially for evidentiary purposes by analyzing and comparing the DNA from tissue samples. The material in a cell that makes up the genes and controls the cell. The double-helix structure in cell nuclei that carries the genetic information of most living organisms.

2018 0 Supreme(MP) 490

The double-helix structure in cell nuclei that carries the genetic information of most living organisms. DNA finger printing-A method of identification especially for evidentiary purposes by analyzing and comparing the DNA from tissue samples. The material in a cell that makes up the genes and controls the cell.

2016 0 Supreme(Mad) 2345

2.4. As per the Jail Rules, after lodging the prisoners in the cell, the same shall be closed and locked at 06.00 p.m. everyday and the same would be opened on the next day morning at 06.00 a.m. As per the said procedure, on 15.08.2009, P.W.2 opened the Cell No. 6. All the five accused and P.Ws.9 and 16 came out of the cell. P.W.2 and other Warders entered into the cell and found the deceased motionless.