Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Although, co-sharer cannot put a vendee in possession without there being any physical formal partition of an undivided landed property, yet such a co-sharer definitely has a right to transfer his undivided share...........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Purchaser of a coparcenar's undivided share in joint family property is not entitled to possession of what he had purchased - But he has a right to sue for partition of property and ask for allotment of his share in suit property...........
Constitution of India, 1950, Article 240 - - Extinguishment of tenancy rights - As per plaintiff, defendant/elder brother after purchase of suit property agreed to transfer it in his favour and he is in possession of suit property since its purchase - It is not the case of plaintiff that he came into possession of suit property by dispossessing original owner/defendant -..........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Fraudulent transfer of property - Charge on property - Husband even if suffered imprisonment for non payment of maintenance, it does not relieve him from obligation to pay maintenance - No evidence to prove fraudulent transfer of property - Even otherwise transfer of property will not affect the right of wife to..........
Civil Procedure Code, 1908, Section 24 -- Matrimonial proceedings - Transfer of proceedings - Wife and husband both seeking transfer of proceedings filed against each other from Goa to Mumbai and vice versa - Husband ready and willing to pay cost of travelling and stay of wife in Goa - That will not mitigate the inconvenience to wife as two school going children are under..........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - When a statement has been given on oath, then onus lies upon plaintiff to prove that notice was sought to be served upon defendant but he actually refused to receive the same...........
Transfer of Property Act, 1882, Section 106 -- Notice - Validity - Eviction suit - DW1 categorically denied of having been sought to be served any notice for ejectment - Onus lies upon plaintiff to prove that notice was sought to be served upon defendant - Except producing envelope containing endorsement of `Refusal' to rebut evidence of defendant that he did not receive..........
Companies Act, 2013, Section 212(1), (2) -- Investigation into affairs of company by Serious Fraud Investigation Officer (SFIO) - Central Government u/s 212(1) of the Act assign investigation to SFIO and upon such assignment, no other investigating agency of Central Government or any State Government can proceed with investigation in respect of any offence punishable under..........
Transfer of Property Act, 1882, Section 54 -- Cancellation of registered sale deed - A legal valid sale deed cannot be cancelled at the whims of the parties to the sale-deed - It is the domain of civil Court to cancel the registered sale deed...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Property of senior citizen - Word "transfer of property" by way of gift or otherwise, would not include partition, as it is not a transfer...........
