Hindu Succession Act, 1956, Section 4, 18, 14 -- Will - Construction - Meaning of `heirs' used in the Will - Original owner having 5 sons and owning a large number of properties - Will executed in the year 1932 - A portion of property bequeathed in favour of defendant No.1 who was then a minor - As per Will, sons of testator got life interest and only, after his death, his..........
Civil Procedure Code, 1908, Order 7, Rule 7, Limitation Act, 1963, Article 59 -- Cause of action to file suit - Suit filed by daughters challenging sale deed executed by their father and brother in 1975 - Father impleaded as dependent no. 1 - Father not absolute owner, had life estate in property - Sons and daughters to inherit property after death of father - Father died..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Doctrine of Lispendence - Property partitioned among legal heirs on the basis of natural succession - One of the heirs filing suit on the basis of an unregistered Will claiming entire property - Original Will not produced on record - Applicaton for interim injunction restraining other heirs from..........
Civil Procedure Code, 1908, Order 23, Rule 3, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance of an oral agreement to sell by first vendee - Another suit for specific performance of an oral agreement to sell by second vendee against some vendor - First vendee impleaded as party in suit filed by second vendee - Compromise by vendor with second..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Framing of issues - Not necessary when sale is made during pendency of suit as purchaser is bound by the decree. (Transfer of Property Act, 1882, S.52)..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Sale of property during pendency of suit - Subsequent purchaser created equitable mortgage of suit property in favour of Bank - Plaintiff by amendment of plaintiff sought declaration that equitable mortgage by suit property in favour of bank is null and void - Mortgagee..........
Registration Act, 1908, Section 34, 35, 71 -- Refusal to register sale deed - `No objection certificate' issued by Estate Officer for transfer of plot - Sale Deed presented for registration - Registration refused on ground of complaint and pendency of Civil Suit involving plot - No stay granted in suit - No ground for refusing registration of sale deed - Sub Registrar..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of lis pendens and thus will..........
Civil Procedure Code, 1908, Order 44 read -- Permission to file appeal as an indigent person - Sale of Land during the pendency of suit - Consideration did not pass in the hands of the vendor - Financial position cannot be said to have improved - Applicant held to be an indigent person permitted to file appeal as such...........
Punjab Pre-emption Act, 1913, Section 15(1) -- Suit for pre-emption by Co-Sharer - Can suceed, if he is able to show his superior/preferential right to purchase the property on three dates, (i) On the date of Registration of the sale deed, (ii) On the date of filing suit, and (iii) On the date of final adjudication of the suit by the court of first instance - Land..........
