Hindu Succession Act, 1956, Section 14(1) -- Alienation of property by widow - Bequest in favour of widow in recognition of pre-existing right to maintenance - By virtue of S.14(1), widow gets absolute right in suit property and hence, has right to alienate the same...........
Debutter property -- Alienation - Property given for maintenance of religious worship and of charities connected with it is inalienable - Mohatmim or a Mahant has no power to alienate property except for his need or for benefit of estate...........
Agreement to sell -- Specific performance - Co-sharer - Co-sharers of joint property cannot stop one co-sharer from alienating his share - However, such alienation of share is subject to partition and rights of other co-sharers - Further, if one co-sharer enters into an agreement to sell qua his share as well as share of another co-sharer, the other co-sharer shall not be..........
Agreement to sell -- Specific performance - Subsequent purchaser - Bona fide purchaser - Suit property sold to defendant no.3 during pendency of suit - Interim injunction granted against defendant/seller restraining alienation of property - Sale in favour of third defendant was thus, in breach of order of injunction - Defendant no.3 held, not a bona fide purchaser -..........
Limitation Act, 1963, Article 109 -- Alienation of ancestral property - Limitation to set aside alienation is 12 years...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Property in question was jointly purchased by plaintiffs along with defendant son of `N' - Suit for partition of property was not based on right of inheritance - Petitioners being daughters of said `N' had no right or locus to interject in suit proceedings - If petitioners have any..........
Hindu law -- Joint family property - Alienation by co-sharer - Undivided co-sharer has right to alienate properties, but alienee cannot seek joint possession - Remedy available to alienee is only to seek partition from other co-owners...........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property - S.64 CPC has no application in the suit of recovery of money, where the transfer effected over immovable property is prior to attachment before judgment...........
Will -- Joint and mutual Will - Husband and wife created joint and mutual Will in 1968 bequeathing their properties for charities - Will clearly intended that survivor shall have absolute right to properties and after his/her death, charity shall be carried out from the income of properties without alienation of properties - After death of husband, wife has absolute right..........
Hindu Law -- Joint family property - Partition - It is not necessary for coparcener to seek a specific declaration for setting aside alienation affected by another coparcener in favour of third party...........