Court Fees Act, 1870, Article 17 -- Court fee - Suit for possession along with annulment of Will and sale deeds - Joint property - Plaintiff claimed himself to be in joint possession of property and being no, executant in possession is only required to affix Court fee in view of Art.17(iii) of Second Schedule of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is permissive and not that of an encroacher..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Hindu Law -- Joint family property - Once there is disruption in the family and parties have decided to distribute the property, such property cannot be held to be still ancestral coparcenary property - After family settlement and distribution of property, property left in the hands of a member of joint Hindu Family would be his individual property...........
Transfer of Property Act, 1882, Section 45 -- Joint owners - Property purchased jointly by mother and her minor son and entire sale consideration was paid by mother - However, recital contained in sale deed shows that mother retain the suit property till her life and after her demise property absolutely vested in minor son - This itself is a contract contrary to S.45 of..........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Suit for declaration of right, title, interest, confirmation of possession - Suit property leased out to DHrs by State Housing Board - State Housing Board not filed any application challenging executability of decree - JDs not taken any steps to prove that suit property is a joint family property as..........
