Hindu law — Coparcenary/ancestral property — Rehabilitation allotment in lieu of ancestral property left in Pakistan — Rehabilitation allotment made by Custodian Department was compensatory in nature and merely represented substitution of property left in Pakistan - Once original property possessed ancestral/coparcenary character, substituted property...
Hindu law — Coparcenary/ancestral property — Rehabilitation allotment in lieu of ancestral property left in Pakistan — No evidence whatsoever was led by defendants to establish that allotment constituted independent self-acquisition - Mere conferment of ownership rights by operation of law does not obliterate the...
Hindu law — Custom excluding coparcenary — Burden of proof — Plea that parties were governed by Aroda agricultural tribe custom excluding coparcenary rights was neither specifically pleaded nor proved by cogent evidence - Burden to prove exclusion of ordinary Hindu law squarely rested upon...
Hindu law — Earlier inter partes adjudication — Ealier same defendants who had assererted the ancestral nature of rehabilitation property while challenging gift deed adopted completed contradictory stand in present proceedings by contending that property was self acquired - Such inconsistenet pleas, in relation to...
Hindu law — Karta’s power to gift coparcenary property — Wholesale gift invalid — A Karta cannot gift away the entire coparcenary estate to selected sons excluding another coparcener without consent or legal necessity; such a transaction is void. (Paras 31 and 32)
Transfer of Property Act, 1882, Section 41 — Ostensible ownership — Rehabilitation allotment in lieu of ancestral property left in Pakistan retains coparcenary character - Bona fide purchaser — Once the suit property is held to be coparcenary property, defendants could not transfer interests beyond...
