interest which she has got is the same interest which the deceased husband had in the joint family property & that interest was the undivided ... interest taken by the widow was the same interest as the husband himself had, that is, the interest of an undivided member of a joint
aforesaid Act demonstrates that
insofar as undivided interest of minors was concerned, the mother was not
::: Uploaded on - 04/05/2018 ::: Downloaded ... respect of the property of the
minor, excluding his or her undivided interest in joint family property.
Thus, it is amply clear that when undivided
Judge was necessary as the
alienation was by
ig karta involving undivided interest of
minors. Mr Bhide made reference to Kamal Kishor ... Family can sell or
dispose of Joint Hindu Family property involving undivided
interest of minor of the family and Section 8 of the Hindu
Minority
respect of minor's property (excluding his or her
undivided interest in joint family property), are in
::: Downloaded on - 09/06/2013 ... minor's
undivided share.
5. It is true that section 8 , unlike
section 6 , does not expressly exclude the
undivided interest in the joint
said Act was not applicable in respect of a minors undivided interest in joint family property. He relied on Section 12 of the Hindu Minority ... specifically mentioned that in respect of the minor who had an undivided interest in joint family property, appointment of guardian for minors in respect
case is
that in a suit filed by a purchaser of undivided interest in the coparcenary
property seeking partition and separate possession, whether Article ... limitation in respect of suit filed by stranger alienee of undivided
interest in coparcenery property.
17/35
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Niraj made a categorical statement that neither HUF,
i.e. neither the HUF of Niraj nor the HUF of Umesh (or their
Kartas at that ... Karta of the Niraj Jayantilal Mehta
HUF gifting the entirety of that HUF's interest in these two flats to
Siddhi alone. According
words "according to the percentage of the undivided interest in
the common areas of facilities" and the Deed of Declaration of the
condominium ... undivided
interest in the common area and facilities is an interest which runs
with the apartment and upon transfer, the undivided interest, sale and
transfer
2034 of 2019, thus, averred
that the Gift of undivided interest by the Defendant No.1 in favour of
Defendant No.2 is illegal ... Prima facie, Defendant No.1 had no right to alienate the
undivided interest in the suit properties by way of gift. It was, therefore,
necessary
Defendant No. 5, the father of
the plaintiff, disposed of the undivided interest of the plaintiff.
Vishal Parekar ... other hand, the plaintiff has claimed 50% undivided
interest in the suit flats. This claim of the plaintiff is contrary to the
case of severance
