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Hindu Law-Legal necessity-Proof of-Recitals in deed,
evidentiary value of.
HEADNOTE:
S. a Hindu female governed by Dayabhaga ... binding on them
as it was executed without legal necessity. The Trial Court
held that the sale deed was supported
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defendant No. t, and there was no legal necessity
for sale of the property ... competent to sell the same
except for a legal necessity or the benefit of the estate,
and that since
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were for immoral purposes, that the
mortgage was without legal necessity and that it was not
binding on him. After ... court dismissed the suit without
deciding the question of legal necessity. The appellant
appealed to the High Court and pending
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conduct and (ii) that the transfer was
for legal necessity.
Held, that the transfer was not binding ... rights as a possible reversioner.
Further, there was no legal necessity for the transfer.
Sahu Madho Das v. Pandit Mukand
Supreme Court of India
held in law that the sale was executed "for legal
necessity" and, therefore, the transaction was one which the
plaintiffs ... particular instance the amount for which the legal
necessity has not been proved is with regard to the whole consideration
Bombay High Court
powers of alienation are inseparable from her estate.
For legal necessity she can convey to another an absolute
title ... property vested in her. If there is no legal
necessity the transferee gets only the widow's estate which
Supreme Court of India
only says that consent raises a presumption of legal
necessity.
Mookerjee, J.
7. How is this consistent with the surrender ... surrender is useful in cases where, as here, no legal
necessity is alleged.
11. In Marudamuthu Nandan v. Srinivasa Pillai
Calcutta High Court
executed by their father
without any legal necessity. They pleaded that the said finding in
Civil Suit ... plea that Ex. 78 was not executed for
legal necessity and as such not binding on them, the plaintiff
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application under order Xl C.P.C.
Sale for legal necessity of joint Hindu family
property-"Kutumbarthe" explained.
Sheo Dularey ... benefit of the family and, therefore,
for legal necessity; (iv) the vendee (appellant) was not
entitled to any protection under
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Hindu Law: Gift of widow's estate without legal
necessity-Reversioner can claim possession within 12 years
of widow ... such destruction or alienation
should have been impressed with legal necessity or for
religious or charitable purposes or for spiritual
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