The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 7

The Calcutta Law Reports of Cases Decided by the High Court, Calcutta; Also Judgments of H.M.'s Privy Council Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...to enforce the right to share in any property, moveable or immoveable, on the ground that it is joint family property, and to suits for the recovery of maintenance, where the right to receive such maintenance is a charge on the inheritance of any estate, the period of 12 years from the death of the persons from whom the property alleged to be joint is said to have descended, or on whose estate the maintenance is alleged to be a charge, or from the date of the last payment to the plaintiff, or any person through whom he claims, by the person in possession or management of such property or estate on account of such alleged share, or on account of such maintenance, as the case may be." In considering the application of this enactment to the present suit, we may leave out all that relates to suits "for recovery of maintenance," and treat it as confined to a suit "to enforce the right to share in any property, moveable or immoveable, on the ground that it is joint family property." The section gives two periods from which the l2 years may be calculated; one is "the death of the persons from whom the property alleged to be joint is said to have descended," and the other is "the date of the last payment to the plaintifl', or any' person through whom he claims, by the person in the possession or management of such property or estate." It is contended that in this case, which is governed by the Mitalrshara law, the person on whose death the properly alleged to be joint has descended, must be taken to be not the father, in which case, of course, there would be no ground at all for the application of the statute of limitation, but the grandfather, on whose death the father and his...show more

Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236863364
  • 9781236863362