Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Hindu Succession Act, 1956, Section 6(as - - Devolution of interest - Dispositions and alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date would remain unaffected and does not lead to an inference that daughter can be coparcener prior to commencement of Act - Any transaction of partition..........
Specific Relief Act, 1963, Section 37, Protection of Women From Domestic Violence Act, 2005, Section 26, Transfer of Property Act, 1882, Section 39 -- Injunction - Dispossession and alienation - Wife seeking restraint order against husband - Provisions of Act of 2005 are incorporated in any civil or criminal proceedings - Wife is entitled to a right of protection to remain..........
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..........
Court Fees Act, 1870, Section 7(ivA), 7(v) -- Court Fees - Valuation of property - Since appellants acquired suit property being successor-i, interest of late respondent No.1, though right of alienation was not given, law would not permit them to deny their status for purpose of payment of Court-fees and claiming benefit of its no, existence at the same time - Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of plaintiff - Due to grant..........
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraining alienation - Court can certainly direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1...........
Civil Procedure Code, 1908, Order 39, Rule 1, Registration Act, 1908, Section 89(5) -- Interim injunction - Restraint order - Court can direct such order to be communicated to Sub Registrar concerned with a direction to enter the particulars of order in Book 1 - However, in such cases, when suit or appeal or proceedings wherein interim order of injunction restraining..........
Agreement to sell -- Sale by attorney in favour of his relatives - Attorney exercising powers commensurate with authority so assigned - There was no bar of alienation by the principal through attorney in favour of any person - Merely because transaction by attorney is in favour of his relations does not ipso facto be termed as a fraudulent one...........
Agreement to sell -- Specific performance - Limitation - No date fixed in the agreement for its performance - Time was not made essence of contract - Plaintiff paid entire sale consideration to defendant - Plaintiff filed suit after 11 years of agreement when she first came to know about fact of alienation of suit property by defendant to third party - Suit, held, not..........
