Showing : 11-20 of 61 Results

KERALA HIGH COURT
Year of decision: 2017
Details
Mohammadan Law-- Property of minor daughter - Alienation by father - Father was neither Court guardian nor de facto guardian and had acted only as legal guardian in sale deed which is in contravention of S.362 of Mohammedan Law - Said sale deed is only voidable at the instance of plaintiff minor and is not void..........
KERALA HIGH COURT
Year of decision: 2017
Details
Mahomedan Law, Section 359-- Property of minor daughter - Guardian of property - Father is competent to act as guardian of his daughter in executing sale deed conveying 1/3rd right over property in favour of defendant No.1...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 60, Hindu Minority and Guardianship Act, 1956, Section 8(2)-- Limitation - Sale of property of minor by his mother for his benefit - Suit to challenge alienation filed by minor long after 3 years of attaining majority - Suit is barred by limitation and hit by Art.60 of the Act - Suit dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54-- Sale deed - Challenge as to - Plea of no, payment of consideration - Sale deed executed jointly in the name of defendant nos. 1 & 2 - Plea of no, payment of consideration taken only on the ground that defendant No.1 was minor at the time of execution of sale deed, and therefore he was possibly not..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 10, 11-- Sale deed - Restriction - Condition imposed in sale deed to the effect that mother will have life interest over suit property with remainder to her minor son after her life time - Recital contained in sale deed would indicate that there is no absolute restriction or prohibition imposed in sale..........
MADRAS HIGH COURT
Year of decision: 2017
Details
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..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 54, 127, Indian Contract Act, 1872, Section 10, 11-- Sale deed in favour of minor without his consent - Validity - Any transaction in favour of minor conferring certain benefits under a document does not require any consent from minor and such contract is valid and enforceable as per provisions of Contract Act...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Property of minor - Sale without legal necessity - Such transaction in contravention of mandatory provision of S.8 of Act and thus, voidable - Unless such a transaction is impeached or set aside, question of recovery of possession of that property does not arise...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Limitation Act, 1963, Article 60-- Minor's property - Sale by guardian without legal necessity - Suit for possession by avoiding transfer by minor - A quondam minor plaintiff challenging transfer of an immovable property made by his guardian in contravention of S.8 of Hindu Minority and Guardianship Act and who seeks possession of..........
MADRAS HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(d)-- Rejection of plaint - Bar of limitation - Suit for setting aside sale deed - If a deed was executed by plaintiff when he was minor and it was void, he had two options to file a suit to get the property purportedly conveyed thereunder, either to file the suit within 12 years of deed or within 3..........

Showing : 11-20 of 61 Results