Specific Relief Act, 1963, Section 12 -- Part performance - Agreement to sell - Part performance - Joint family property - Where vendor father had only 1/3 share in joint family property but he agreed to sell the property in its entirety, property contracted to be sold would not bind the sons being co-owners - Since property being divisible, a decree of specific..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(6) - - Court fees - Partition suit by one of the co-owners - For the purpose of assessment of court fee, pleadings in the suit have to be seen - Possession of joint property by one co-owner, is in the eyes of law, possession of all even if but one are in actual physical possession - Every co-sharer is deemed to be in..........
Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers, held, entitled to half share in suit properties - Preliminary..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
Hindu Succession Act, 1956, Section 8 -- Joint family property - Devolution - Property of deceased defendant would develop upon deceased husband of plaintiff along with defendant no.2 and daughters of deceased defendant as they are the joint owners of said property by virtue of Class I legal heirs - Plaintiff held entitled to 1/4th share in suit property, till then she..........
Hindu Law -- Joint family property - Where a person used to get income from ancestral property and same was utilized by him for the construction of building i.e the suit property, it amounts to putting the said property in hotchpot of joint family property...........
Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Co-owner/Co-sharer -- Alienation - A joint owner/co-owner has an inherent right to alienate the joint property, limited to the extent and the nature of his share holding - Such transfer is only of such rights as vest in him - Vendee receives the property so transferred with all the rights and liabilities that vested in his vendor, namely, a right to assert a community of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of other co-sharer or may amount..........
