Showing : 11-20 of 20 Results

BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 39, Rule 1, Transfer of Property Act, 1882, Section 44-- Transfer by a member of an undivided family of his share in the dwelling house - Suit for injunction against transferee - No partition by metes and bounds had taken place - Entitled to grant of injunction against defendant transferee...........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Transfer of Property Act, 1882, Section 44-- Second Paragraph - Dwelling house - No stranger can be permitted to have joint possession or common possession with the members of the family - Not granting an injunction against the transferee in such case would prima facie cause irreparable injury to the other members of the family...........
SUPREME COURT OF INDIA
Year of decision: 1996
Details
Partition Act, 1893, Section 4, Transfer of Property Act, 1882, Section 44-- The provisions are enacted for the domestic peace of members of undivided family occupying a common dwelling house from the encroachment of a stranger transferee - The provision of S.4 Partition Act is available at all the relevant stages of the litigation between the contesting co-owners till the..........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Transfer of Property Act, 1882, Section 53A, 44-- Family dwelling house - Suit for injunction restraining co-sharer from transferring his share in family dwelling house to stranger - Grant of temporary injunction - Cannot be challenged on ground that the buyer having been in possession prior to suit, the said situation cannot be interfered with...........
ALLAHABAD HIGH COURT
Year of decision: 1996
Details
Transfer of Property Act, 1882, Section 44-- Family dwelling house - Transfer by co-sharer to a stranger - Buyer cannot have right to joint possession - His right will be restricted right for enforcement of partition - Applicability of S.44 cannot be denied on ground that all parties were Muslims and that there is no concept of undivided..........
ALLAHABAD HIGH COURT
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 2, 5, 44-- Suit for possession after eviction - Appellant in occupation of the disputed house both in part performance of agreement to sell executed by two of the three brothers as well as under a transfer effected in execution of a decree - Transfer through Court is covered by Cl.(d) of S.2 of the Act -..........
ALLAHABAD HIGH COURT
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 2, 5, 44-- Decree for joint possession - Plaintiff and his family deprived of the use of basic amenities as toilet, bath room & tap - Suit claiming damages - Decreed...........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4-- Paragraph Second - `Dwelling House' & `Undivided Family' - Used in S.44 - Meaning - Has to be given wide and not restricted meaning - Provisions of S.4 Partition Act is complimentary to S.44 - These terms have same meaning in both the Acts...........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 44-- Paragraph Second - Applicability - It applies even if the family is divided in status in the sense that they are holding the property as tenants in common but undivided qua the property i.e. property is not divided by metes and bounds between them...........
SUPREME COURT OF INDIA
Year of decision: 1990
Details
Transfer of Property Act, 1882, Section 44, Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Paragraph Second - Dwelling house belonging to undivided family - Transfer of share to stranger - Co-sharer challenged such transfer - Application for interim mandatory injunction restraining transferee from taking possession of transferred share - Injunction can be granted if the house of which..........

Showing : 11-20 of 20 Results