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Property law

MANGATHAI AMMAL (DIED) THROUGH LRS AND versus RAJESWARI & OTHERS

The plaintiffs failed to discharge burden of proving that suit properties were benami; most properties purchased in defendant no.1's name were self-acquired via stridhana and jewellery sales, not ancestral funds. Only Item nos. 1 and 3 are ancestral and plaintiffs are entitled to a share therein; trial and High Court erred in holding the rest as ancestral/benami and shifting burden on defendants.

Source excerpt

  • Benami transactions
  • Partition
  • Self-acquired vs. ancestral property
  • Burden of proof
  • Stridhana
  • Release deed
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Family law

MARABASAPPA (D) BY LRS. & ORS. versus NINGAPPA (D) BY LRS. & ORS.

The Supreme Court held that the trial court correctly found that the disputed lands (except the tenanted portion) were self-acquired by Parwatevva from the income of the stridhana (A7) and related purchases, the High Court erred in shifting the burden of proof to the appellants and in treating those properties as joint family property; accordingly the High Court judgment was set aside and the Trial Court decree restored.

Source excerpt

  • Stridhana
  • Self-acquired property
  • Joint hindu family property
  • Burden of proof
  • Partition
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Criminal law

SMT. RASHMI KUMAR versus MARESH KUMAR BHADA

Complaint on criminal breach of trust regarding stridhana property was not barred by limitation since the appellant made a demand on 5-12-1987 and filed the complaint on 10-9-1990, within three years. Stridhana property is exclusively the wife's, and refusal by the husband to return it prima facie amounts to criminal breach of trust. High Court erred in quashing the proceedings at the threshold.

Source excerpt

  • Stridhana
  • Criminal breach of trust
  • Limitation in criminal prosecution
  • Entrustment
  • Restitution of conjugal rights
  • Quashing of criminal proceedings
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Hindu law

SHAM LAL & ORS. ETC. versus AMAR NATH & ORS.

Stridhana of a Hindu woman governed by Mitakshara, married in an approved form, devolves according to the order of succession given in the Mitakshara. Daughters of a pre-deceased son are not entitled to succeed where there are no heirs in items (i) to (vii), and the property passes to her husband's heirs.

Source excerpt

  • Stridhana
  • Succession
  • Order of succession
  • Widow's property
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.