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MADRAS HIGH COURT
Year of decision: 2019
Details
Transfer of Property Act, 1882, Section 54-- Oral sale deed - Where value of an immovable property is more than Rs.100 and upwards, it can only be made by registered instruments - In the instant case, admittedly value of property is more than Rs.100, therefore, alleged oral sale claimed by defendants cannot be accepted especially when there..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 22(2)- - J.D. raised objection to issuance of warrant of possession on the plea that possession is already with the D.H. - Executing Court issued warrant of possession on the basis that it is mentioned in agreement to sell that possession will be delivered on execution of sale deed - Order upheld...........
KERALA HIGH COURT
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8-- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Sale deed in question is only voidable at the instance of minor and not void at its very inception...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Minority and Guardianship Act, 1956, Section 8(3)-- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 34-- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Indian Contract Act, 1872, Section 14-- Sale deed by insane person - Non-free consent - Maternal uncles of plaintiff executed sale deed of his property on the pretext of providing medical checkup - Plaintiff was never handed over sale consideration - Said sale deed is an act of no, free mind, no, consent under the influence of fraud and..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Court Fees Act, 1870, Section 7-- Ad valorem Court fee - Suit for declaration that sale deed in question is set aside - Where executant of sale deed seeks declaration that it be set aside, it has to be by way of a suit seeking cancellation of sale deed, for which ad valorem Court fee is necessary to be paid...........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Agreement to sell -- Specific performance of contract - Readiness and willingness - Plea of LRs. of defendants that plaintiffs repaid the loan amount - However, evidence shows that amount was paid by plaintiffs to defendants towards consideration for sale and not for loan amount - Moreover, paying of entire amount of..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A-- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by..........

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