https://www.taxtmi.com/caselaws?id=295355 Inheritance of property from a paternal ancestor after the Hindu Succession Act, 1956 does not by itself make the property HUF property. A claimant must specifically plead and establish a pre-existing HUF or a valid post-1956 blending into common hotchpotch, with material particulars under Order VI Rule 4 CPC; a bare assertion of ancestral status is insufficient. Where the plaint itself shows purchase in another family member's name and no HUF exception or trust is pleaded, the claim is exposed to the statutory bar against benami enforcement under the Benami Transactions (Prohibition) Act, 1988. The document also notes that such pleaded absence of enforceable right can justify dismissal on admitted pleadings under Order XII Rule 6 CPC. en-us Tue, 22 Mar 2016 00:00:00 +0530 Mon, 31 May 2021 08:34:08 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=295355 Inheritance of property from a paternal ancestor after the Hindu Succession Act, 1956 does not by itself make the property HUF property. A claimant must specifically plead and establish a pre-existing HUF or a valid post-1956 blending into common hotchpotch, with material particulars under Order VI Rule 4 CPC; a bare assertion of ancestral status is insufficient. Where the plaint itself shows purchase in another family member's name and no HUF exception or trust is pleaded, the claim is exposed to the statutory bar against benami enforcement under the Benami Transactions (Prohibition) Act, 1988. The document also notes that such pleaded absence of enforceable right can justify dismissal on admitted pleadings under Order XII Rule 6 CPC. Case-Laws Indian Laws Tue, 22 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=295355