Hindu Law -- Joint Family property - Alienation by Karta - Karta has right to sell/dispose of/alienate HUF Property, even if a minor of family has undivided interest...........
Hindu Law -- Joint Family property - Mortgage of property by Karta of HUF - Karta is entitled to mortgage HUF property - Son or other member(s) of HUF need not be consenting parties to the mortgage - Post alienation, a coparcenary may challenge the act of Karta, if alienation is not for legal necessity or betterment of estate...........
Partition suit -- Alienation of property - Mere entry in settlement record of name of party cannot confer any alienable title on her...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - Alienees have pleaded legal necessity - Therefore, it is for alienees to prove legal necessity - Alienations were for medical expenses of senior male member of family and thereafter for building the house and family maintenance - Sale deed executed in favour of alienees is valid and prove legal..........
Civil Procedure Code, 1908, Order 21, Rule 58A, Civil Procedure Code, 1908, Order 38, Rule 11B -- As amended in State of Madras - Execution - Attachment of property - Order of attachment passed by Competent Civil Court must be communicated to jurisdictional Registrar and to be entered in encumbrance certificate - In the absence of same, order is not enforceable and is void..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 38, Rule 5 -- Temporary injunction - Filing of petition for attachment of same property and seeking temporary injunction prohibiting alienation of property - Intention to file two applications simultaneously is only to cause embarrassment and inconvenience - Order vacating injunction,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating suit property during pendency of suit - Any alienation effected during pendency of suit is always subject to the result of suit - To avoid multiplicity of proceedings, defendant is directed to maintain status quo till disposal of..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Effect - Right of successful party in the litigation in regard to that property would not be affected by alienation, but it does not mean that as against transferor transaction is invalid...........
Specific Relief Act, 1963, Section 37 -- Injunction - Co-sharers - A co-sharer cannot be injuncted from selling his share of property even though property is sold by way of specific khasra numbers and same would tantamount to alienation only of a share by co-sharer...........
