Showing : 31-40 of 110 Results

RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 482-- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to..........
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
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..........
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..........
KERALA HIGH COURT
Year of decision: 2011
Details
Transfer of Property Act, 1882, Section 60-- Redemption by co-mortgagor - Co-mortgagor in possession of excess share redeemed by him - Not a mortgagee - After redemption, the mortgage comes to an end - He can only claim that he is entitled to be in possession of the property, till his share of the mortgage money is paid - A claim for..........
GAUHATI HIGH COURT
Year of decision: 2011
Details
Registration Act, 1908, Section 32-- Sale deed - Registration - Co-owners - Seller of land with multiple sharers need not produce partition deed as regards his share as it is against the provisions of S.44 of Transfer of Property Act...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Co-sharers-- Purchase of share from one of the co-sharers - There can be no claim of ownership of a particular khasra - For this purpose partition has to be sought...........
DELHI HIGH COURT
Year of decision: 2011
Details
Delhi Rent Control Act, 1958, Section 3,50-- Two co-owners - Tenant purchasing share of one co-owner - Tenant cannot raise the plea of determination of tenancy on the ground of merger of his rights in that of share of the undivided estate of landlord, unless that merger is in respect of complete title or interest - It is not open to tenant..........

Showing : 31-40 of 110 Results