Hindu Law -- Joint family property - Where a person used to get income from ancestral property and same was utilized by him for the construction of building i.e the suit property, it amounts to putting the said property in hotchpot of joint family property...........
Civil Procedure Code, 1908, Section 11, Order 1, Rule 10 -- Impleading a party - Death of tenant - Widow of tenant impleaded - Widow filed application for impleadment of his son and two daughters - Application dismissed - Thereafter son and two daughters of deceased tenant seeking impleadment as according to them they have inherited the tenancy rights - Held, after the..........
Transfer of Property Act, 1882, Section 123 -- Cancellation of gift deed - Joint family property - Plea of fraud - Defendant and his witnesses have not substantiated the case of partition and valid execution of gift deed in question by plaintiff out of his free will and consent - No explanation for presentation of gift deed for registration on commission if the plaintiff..........
Co-owner/Co-sharer -- Separate possession - Co-sharers may for the purpose of better management of the joint estate hold separate possession of parcels of joint land - However, separation of possession, without a corresponding intent, to sever the joint status of the community of joint owners does not confer a right upon a co-sharer in separate possession to assert his..........
Co-owner/Co-sharer -- Alienation - A joint owner/co-owner has an inherent right to alienate the joint property, limited to the extent and the nature of his share holding - Such transfer is only of such rights as vest in him - Vendee receives the property so transferred with all the rights and liabilities that vested in his vendor, namely, a right to assert a community of..........
Co-sharer -- Every co-sharer is owner in possession of every inch of joint estate...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of other co-sharer or may amount..........
Hindu Law -- Joint family Property - A member of joint family can own separate property - On its basis his share in joint family property cannot be denied...........
Transfer of Property Act, 1882, Section 111 -- Determination of lease - Non refund of security deposit - Refundable security deposit should be deposited with a Bank/Financial institution under an Escrow agreement between the landlord, tenant and the Bank/Financial institution - Upon refusal of landlord to take possession offered by tenant, the tenant can deposit the keys..........
Companies Act, 2013, Section 409(3)(a), 409(3)(c) -- Qualification of President and Members of Tribunal - Constitutional validity - It is held that only those holding the post of secretaries/ additional secretaries and having technical expertise could be appointed to the post - S.409(3)(a), (c) of the Act stated that joint secretaries with certain experience were eligible..........
