Showing : 71-80 of 285 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), 4-- Shamilat deh - Exclusion from - Held, where property is partitioned and brought for cultivation before 1950 or was shamilat deh assessed as revenue land and held in individual cultivation and co-sharer in excess of share before 26.01.1950 could be excluded - What is necessary, therefore, is that..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Undivided share of property of co-owners - S.12 of Specific Relief Act cannot be invoked by vendee to obtain sale of undivided share of co-owners with a right to force partition who were not parties to agreement of sale. (Specific Relief Act, 1963, S.12)...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Oral partition - Proof - Held, while existence of a joint family and possession of joint properties by family must be proved as facts preceding partition, factors such as mutation of entries in revenue records and independent exercise of rights of ownership by co-parceners on respective share must..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 44-- Co-sharer - Dwelling house - Co-sharer can sell his undivided share in a dwelling house to a person who is not member of the family but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Co-owner -- Invasion on the right of co-sharer by other co-sharer - Co-owner is not entitled to injunction who sold a specific portion of the land by giving Khasra numbers, measurement of the boundaries and boundaries in the registered sale deed by asserting that there was no partition and that defendants..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2013
Details
Adverse possession -- Co-sharer - Plea is not available in absence of pleading and proof of ouster of co-owner in respect of whose share adverse possession is claimed - Even otherwise, claim for acquisition of ownership by way of adverse possession is being looked down upon by the Courts as an affront to human rights...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharer - Alienation - A co-sharer in exclusive possession of part of the joint property is entitled to deliver possession thereof to his alienee but the alienation, even of the specific portion, would be deemed to be alienation of share of joint property and would be..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Transfer of Property Act, 1882, Section 58, 60, Limitation Act, 1963, Article 113-- Mortgage - Redemption - Joint Family Property - Entire mortgaged property redeemed by one co-sharer/co-mortgagor by paying full amount of mortgage money - Right of no, redeeming co-mortgagor remains for partition of the suit property to get his share in the suit property - Once the property is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Hindu Law-- Joint family property - Sale by co-sharer - Validity - Sale not challenged on ground that vendor had sold land beyond her share - Plea that vendor could not sell specific khasra numbers to vendees as she was not in possession of said khasra numbers - Even if specific khasra numbers are sold out of..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 146, Land Acquisition Act, 1894, Section 28A-- Acquisition of land - Enhanced compensation - Right of co-sharer - Held, even a co-sharer who has not sought reference to court is entitled for enhanced compensation pro rata in accordance with his share in the acquired land...........

Showing : 71-80 of 285 Results