PLEASE HELP ME IN THIS MOOT PROBLEM. PLEASE TELL ME THE ARGUMENTS ON THE BEHALF OF PLAINTIFF AND DEFENDANT, STATEMENT OF JURISDICTIOIN AND WHAT WILL BE THE CONTENTIONS OR ISSUES??
PLEASE HELP ME IN THIS MOOT PROBLEM. PLEASE TELL ME THE ARGUMENTS ON THE BEHALF OF PLAINTIFF AND DEFENDANT, STATEMENT OF JURISDICTIOIN AND WHAT WILL BE THE CONTENTIONS OR ISSUES??
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 13 June 2012
Have gone through - it is naive of you to expect us to draft all that for you. I can just give you pointers :-
1) Girl can seek to challenge the alienation in my opinion the fact that she got the right as a coparcenor later is of no consequence. S.6 only bars right in coparcenory property disposed off by lawful registered or court partition done before 2004, an alienation can be challenged by coparcenor within 12 years.
2) However the challenge may fall because getting liqudity (good amount) and selling joint fmaily property because of the same to diverify business - can be benefit of estate so alienation may fail.
3) The Barrister earnings won't be joint family - just because money was spent on his education the Hindu gains of learning act - bars such a thing, it is his seperate property, as it is Karta can discriminate between members when it comes to decision what to spend on whose education ?
4) She can seek her other reliefs.
5) The amendment is not uncosntitutional or against Hindu Law infact subserves the constitutional edicts laid down in 15(3)/14 and aim to confer proprietary rights in women for their empowerment,.