Whether court can treat the tenanted property as joint family property if Karta is the tenant of said property?

A perusal of the facts on record would show that it was a contract of tenancy entered upon by great grandfather of the plaintiff. Even if the great grandfather was maintaining the family out of the income generated from the hotel business, that itself would not make the other family members as coparceners in the hotel business. It was the contract of tenancy which was inherited by the grandfather of the plaintiff who later surrendered it in favour of the Wakf Board. The tenancy was an individual right vested with the grandfather of the plaintiff who was competent to surrender it to the landlord. The High Court has clearly erred in law by holding that since the grandfather was a tenant, the tenancy is a joint family asset. The contract of tenancy is an independent contract than the joint Hindu family business.{Para 32}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6149 OF 2015

KIRAN DEVI Vs THE BIHAR STATE SUNNI WAKF BOARD

& ORS.

Author: HEMANT GUPTA, J.

Leave a Reply

LexCliq

All You Have Possibly Wished for To Understand Games

Are you currently looking for that best stuffed toy? Probably one of your children has hinted that they can require a distinct stuffed toy, however, you aren’t confident if it is the right choice? Regardless of why you’re in this article, any individual can benefit from the great assistance listed below that is focused on […]

Read More
LexCliq

All You Have Actually Desired To Understand Toys and games

Are you currently searching for that best stuffed toy? Maybe one of the little ones has hinted that they can need a particular stuffed toy, however, you aren’t confident should it be the right one? No matter why you’re in this article, anybody can benefit from the fantastic suggestions beneath that is all about playthings. […]

Read More
LexCliq

All You Have At any time Desired To Know About Toys

Are you currently in search of that best gadget? Maybe one of the little ones has hinted they require a specific stuffed toy, however you aren’t positive if it is the right one? Irrespective of why you’re right here, any individual can be helped by the fantastic assistance listed below that is all about games. […]

Read More