Indexation Benefits on Capital Gains — An Analysis
by Bharathi Krishnaprasad* and Krishna Laasya**
Hindu Undivided Family
NRJ Series | When Supreme Court expressed disapproval on Tribunal’s improper way of drawing up statement of case for partial partition [(1953) 2 SCC 213]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on partial partition.
‘Can only claim partition of assets of HUF as on the date of institution of suit’; Delhi HC dismisses plea seeking amendment of plaint to include alienated shares worth Rs. 15,30,00,000
The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.
Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court
“Experience has shown that any culture or practice that is ingrained in the society is bound to face some apprehension and resistance by the society when systemic changes are made to it. But with passage of time, it becomes a tool of social change.”
Can Karta sell HUF property without the consent of other joint family members? Supreme Court answers
Supreme Court clarified that “an HUF is capable of acting through its Karta or an adult member of the family in the management of the HUF property.”
Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007
Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.
Law does not restrict the eldest female coparcener of HUF property from being its Karta
Delhi High Court: In a path breaking decision the Bench of Najmi Waziri, J., while answering a vital question that whether a