#Joint Hindu Family

The Punjab & Haryana High Court ruled that a first appeal under Section 96 of the CPC cannot be limited to selected questions; the appellate court must adjudicate every point contested in the lower decree. This ensures comprehensive review and prevents piecemeal litigation in property disputes. Parties to first appeals must now raise all grievances at the appellate stage.

Allahabad High Court rules that co-tenancy rights in joint Hindu family property cannot be presumed merely based on family ties. Claimants must prove joint acquisition or blending of property into joint family funds to establish co-tenancy under the U.P. Consolidation of Holdings Act, setting a precedent for evidentiary standards in property disputes.

Punjab & Haryana High Court rules that a collusive decree transferring ancestral coparcenary property is void from the outset. A coparcener’s birthright alone grants legal standing to challenge such decrees, even in the absence of documentary proof, if oral evidence and conduct establish the property’s ancestral nature. The ruling reinforces the protection of coparcenary rights under Hindu succession law.

Punjab and Haryana High Court holds that valid execution of a Will under Section 63 of Indian Succession Act requires proof that attesting witnesses saw the testator sign in their presence.