Court : Mumbai Aurangabad
..... 241 his powers are larger than the powers of other karta. as the karta is required to take care of all the members of the hindu joint family, hindu law has given him discretion and he is to arrive at decision as to whether there is legal necessity. he is also having jurisdiction to ..... of that case. one illustration shows that for maintenance of coparceners and of the members of their family the property can be sold. under hindu law, karta of joint hindu family has the power to make alienation of the joint hindu family property for legal necessity. father, karta, has such power and it can be said that in ..... is attesting witness on the sale deed. 13. meaning of legal necessity is given in para 241 of the hindu law by mulla. this para shows that legal necessity includes family debts incurred for family business or other necessary purpose. it is mentioned that in case of manager, who is other than the father ..... no.1 and plaintiffs, some inference needs to be drawn against the plaintiffs and defendant no.1 as there is power with the karta of joint hindu family to decide as to whether there is legal necessity for selling the property. 16. learned counsel for the respondent placed reliance on cases reported as ..... defendant no.2 has given evidence to prove the legal necessity. he has given evidence that the plaintiffs and defendant no.1 were living in joint hindu family even on the date of the suit. defendant no.2 has given evidence that he had visited the land when he entered into agreement. he .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1982All508
..... and uncles mathura prasad and kedar nath were living as members of the joint hindu family having gayadin, their grand-father, as the common ancestor. the house which is now in dispute and is detailed at the foot of the plaint was purchased by gayadin and his three sons from the joint family funds although the sale deed was executed in favour of the three ..... to the extent of the share of the alienor father, and secondly, the mitakshara law as applicable in bombay is different from the one applied in uttar pradesh. in bombay under the mitakshara law as applied to that state one of the severat coparceners in a hindu undivided family could without the assent of his coparceners sell or otherwise alienate his share in the ..... undivided family property, but under the mitakshara law as administered in uttar pradesh and several other states like bihar, orissa and ..... punjab, a coparcener could not without the consent of his other co-paraceners mortgage or sell his undivided share if such alienation was not for the benefit of the family or legal necessity etc. their lordships .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1954All117
..... onkar nath was held by him on behalf of all the members of the family, because all were members of a joint hindu family, brij kishore has sworn that it was not a joint family tenancy. in the case of a tenancy standing in the name of one of the members of a joint hindu family, the presumption is that the person in whose name the tenancy stands is ..... the person who is liable to pay rent to the landlord. assuming that it can be proved that the tenancy is a joint family tenancy we do not think that the plaintiff has succeeded in establishing .....Tag this Judgment!
Court : Kolkata
Reported in : (1896)ILR23Cal980
ameer ali, j.1. upon the facts as stated it seems to us that the view taken by mr. belchambers, the taxing officer, is correct. the property was purchased by four brothers, members of a joint hindu family governed by the mitakshara law, with moneys belonging to the joint estate. the property, therefore though conveyed to them as tenants in common, vested in them as trustees for the benefit of all the co-parceners and consequently is not liable to duty.Tag this Judgment!
Court : Mumbai
Reported in : (1915)17BOMLR799
..... that the resultant system amongst them must be radically different from the recognised system prevailing among the hindus under the hindu law of the joint family. it is an essential feature of that law that every member of the joint hindu family takes an interest in the joint family property at birth; and it is a correlate of that proposition that a member invested with such rights can, ..... cutchi memons, while empowered to dispose of the whole of their property by will, were yet precluded from disposing of any property which was joint ancestral, or joint family property in the sense of the hindu law of the joint family. if i am right that distinction must now disappear, and the proposition will be much wider, namely, that a cutchi memon may dispose ..... been virtually assumed by the courts that amongst the khojas and cutchi memons, property falling within the definition of ancestral family property or joint family property in the hindu law also acquired the peculiar characteristics given to it under the especial law of the joint hindu family, there would have been no point at all in the enquiries made by the courts in the two cases ..... neither amongst the khojas nor the cutchi memons is any reported case to be found in which a party has expressly alleged that the hindu law of the joint family, containing the peculiar legal concept of the joint ancestral or joint family property, has ever been adopted by these sects. on the contrary, in the two cases i have mentioned it has been assumed, .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1945Bom511; (1945)47BOMLR470
..... the said promissory notes. the case was fully argued before the appeal court and chandavarkar j. delivered a very well-considered and learned judgment expounding the principles of hindu law which governed joint hindu family trading firms and the liability of members of such firms to outside creditors. in the course of his judgment he observed (p. 261):the reason of the ..... ratified by them on attaining majority.16. this being the position as regards joint hindu families and joint hindu family trading firms according to the principles of hindu law, it remains to consider how far one would be safe in applying to the case of a joint hindu family trading firm the principle of the law of partnership enunciated in the old section 264 of the indian contract act, ..... so far as they are not opposed to the principles of hindu law applicable to the joint hindu family trading firms.14. this brings me to the consideration of what are the principles of hindu law applicable to joint hindu family trading firms and the power or authority of the managing member or the karta ; of a joint hindu family in the course of management of the same. whilst considering the ..... trade and the necessities of commerce, and has become a rule of the trade.it is true that neither any smriti nor authoritative commentary on hindu law expressly recognises any such law with reference to a joint hindu family carrying on a trade in the capacity of a firm or to any other trading firm. but it follows, i think, from certain general .....Tag this Judgment!
Court : Chennai
Reported in : AIR1952Mad419; (1952)IMLJ308
..... consideration for a sale is a matter between the vendor and the vendee. this rule is to some extent, displaced in the case of a proposed sale of joint family property for the hindu law prohibits a gift by a coparcener under the guise of a sale.i confess to considerable difficulty in understanding the precise sense in which the learned judges in 'venkatapathi ..... be made to 'ranganathan chetty v. ramasami chetty', 27 mad 162, where this court held that it was not permissible for a coparcener to evade the prohibition of hindu law against gifts of joint family property by professing to make an ostensible sale when the price was wholly and obviously inadequate. the court ruled that in such a case"the transaction could be upheld ..... curtail the rights of the alienee as far as possible and to prevent in effect the free exercise of the power of alienation by an undivided member of a hindu joint family governed by mitakshara law. he now wants to go to the other extreme and asks us to hold that the alienation practically converts the ownership of the property into a tenancy-in ..... by full bench of this court, 'narayana sah v. sankar sah', 53 mad 1, the breach in the water-tight compartment of ancient hindu law relating to property of a joint hindu family evidenced by the gradual development of the case law connected therewith has been noticed in some detail by wallace j. and anantakrishna aiyar j. wallace j. also refers in his judgment in that .....Tag this Judgment!
Court : Mumbai
Reported in : (1908)10BOMLR184
..... and essential characteristics from the joint property of the english law.9. the fundamental principle of the hindu joint-family is the tie of sapindaship. without that it is impossible to form a joint hindu family. with it as long as a family is living together, it is almost impossible not to form a joint hindu family. it is the family relation, the sapinda relation, which distinguishes the joint family, and is of its very ..... disposition. the basis of this argument is what i may call the doctrine of nucleus, a doctrine which i cannot help thinking has involved the simple theory of the hindu law, applicable to the joint family estate, in a great deal of confusion. briefly it amounts to, or is used as amounting to this, that where there has been no nucleus of ..... given rise to whatever difficulty indian courts may have experienced in dealing with this class of case.6. while the english joint estate is wholly unknown to hindu, it is still more emphatically true that hindu joint-family estate is wholly unknown to english law. but observe how loosely the terms are used, and to what further confusions such use may give rise in such ..... really an end of the matter. if that were so in fact then they were a joint-family, and their property was joint-family property subject to all the incidents of such property in the eye of the hindu law. for those words are highly technical words in the hindu law, as administered in this country, being in short the formula for fully describing and connoting all .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1914Bom59; (1913)15BOMLR1044
..... khojas and memons, although in the narrow circle of the profession it was taken to have finally introduced if not the whole, very nearly the whole, of the law of the hindu joint family into the law governing khojas and memons. i have dwelt at some length upon this case, not only because the opening portion of the judgment is theoretically interesting in tracing the ..... to insist upon a partition, went on to consider whether the defendant's wealth was traceable to a ' nucleus ', thus again by implication importing that special feature of the law of the hindu joint family into that of the khojas. these obiter dicta, very unfortunate obiter dicta, i cannot help thinking, together with the other obiter i have cited ante, suggesting that a khoja ..... the leaders and representatives of these sects, could doubt that nothing would be heard to-day of any custom tending to bring them collectively under the bondage of the law of the hindu joint family. sir charles sargent's comments on the contemplated legislation of 1878 are strikingly suggestive, indeed, i think conclusive on this point. the court, having held that the plaintiff ..... to the privy council. but scott j. certainly thought that the evidence laid before him afforded confirmation of the view founded on the decisions i have criticized that the hindu law of the joint family governed these people. he next proceeds to discuss the question whether, if that were so, the wills in suit were valid. he says ' their validity, therefore, very much .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1934Bom178; (1934)36BOMLR327
..... two brothers of his who were minors at the date of the institution of the suit. according to hindu law, so long as the members of a joint hindu family remain undivided, the senior member of the family is entitled to manage the family properties and other concerns of the family (than-davaroya pillai v. shunmugam pillai i.l.r. (1908) mad. 167 the plaintiff is, therefore, presumably ..... is a survey of some of the important cases bearing on the point of the power of a manager in a joint hindu family carrying on an ancestral trade or living as an ordinary joint family without having any ancestral trade. indeed, the case law is voluminous and i have selected some of the cases bearing on the point. there are, no doubt, some cases which ..... act, for himself alone.' chandavarkar j. in vithu dhondi v. babaji i.l.r. (1908) bom. 375 : 10 bom. l.r. 505 observed as follows (p. 377): the rule of hindu law is that a joint family is represented in all transactions or concerns with the outside world by its karta (manager), provided they are for the benefit or necessity of the ..... . 72 : 11 bom. l.r. 255 it has been held that the rule of hindu law that debts contracted by a managing member of a joint family are binding on the other members only when they are for a family purpose is subject at least to one important exception. where a family carries on a business or profession and maintains itself by means of it, the .....Tag this Judgment!