Showing : 1-10 of 20 Results

BOMBAY HIGH COURT
Year of decision: 2016
Details
Hindu Law-- Sale for legal necessity - Recitals in sale deed are relevant : (i) When due to efflux of time independent evidence is not available (ii) When evidence on inquiry about legal necessity is lost due to delay in action (iii) If there is evidence of reasonable belief of purchaser...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 7, Rule 11(b)-- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Limitation Act, 1963, Article 109-- Limitation - Suit for cancellation of sale deed - Sale deed executed by father being a co-parcener in favour of defendants without legal necessity - Parties are co-parceners governed by Mitakshara law - Suit is covered u/art 109 of the Act - Suit filed after one and half years of acquiring..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Land Acquisition Act, 1894- - Ancestral property - Sale deed - Validity of - Suit for declaration that sale deed was nullity as disputed property was ancestral property in hands of vendor and as per custom prevalent in society of respondents sale of such property except for legal necessity was not permitted - Except PW1..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Plaintiff filed suit challenging sale deed of ancestral property on the grounds that the parties were governed by custom and as per custom vendor had only a life estate and could not sell the property without legal necessity - Suit dismissed on the ground that there was no..........
BOMBAY HIGH COURT
Year of decision: 2008
Details
Hindu Law-- Joint Family Property - Sale - Plea of legal necessity - Recital in the sale deed which is executed just few years prior to the suit about the existence of legal necessity is not the proof of legal necessity - Recital of legal necessity in the sale deed can at best be used to corroborate any..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 19, Hindu Law-- Joint Hindu Family Property - Alienation by Karta - Permanent Injunction - No injunction can be granted to coparcener for restraining the Karta of Joint Hindu Family property from alienating the coparcenary property - Coparcener has right only to challenge the alienation after execution of sale..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Hindu Law-- Alienation of Joint Hindu Family Property by Karta -General principles & Safeguards - (i) Karta has power to alienate Joint Hindu Family property for legal necessity and benefit of the estate, (ii) Payment of Government Revenue and debt, payable out of the family property, maintenance of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Hindu Law-- Joint Family Property - Alienation by Karta - Setting aside sale - Legal necessity - Onus to prove is on purchaser - Purchaser is to prove that he made proper and bona fide enquiry as to legal necessity and did all that was reasonable to satisfy himself as to the existence of such necessity -..........

Showing : 1-10 of 20 Results