Mahomedan Law, Section 359 -- Property of minor daughter - Guardian of property - Father is competent to act as guardian of his daughter in executing sale deed conveying 1/3rd right over property in favour of defendant No.1...........
Mohammadan Law -- Property of minor daughter - Alienation - Father is competent to act as guardian of minor daughter in executing sale deed conveying her 1/3rd right over property as per S.359 of Mohammadan Law - However, where the property is disposed of in contravention of S.362 of Mohammedan Law, same was voidable at instance of minor...........
Mohammadan Law -- Property of minor daughter - Alienation by father - Father was neither Court guardian nor de facto guardian and had acted only as legal guardian in sale deed which is in contravention of S.362 of Mohammedan Law - Said sale deed is only voidable at the instance of plaintiff minor and is not void which can be ignored...........
Civil Proceedings -- Settlement deed - Settlor/grandmother of plaintiff specifically stated in settlement deed that settlee/mother of plaintiff can possess the property and enjoy the same absolutely - Settlee executed the Will in favour of defendant no.1/father of plaintiff - Plaintiff daughter of settlee held no interest in such property...........
Hindu Succession Act, 1956, Section 14 -- Property of Hindu female - Property settled absolutely in favour of Hindu female under Settlement deed through her mother - Settlement deed executed prior to coming into force of 1956 Act - After coming into force of said Act, suit property settled in favour of Hindu female under settlement deed, even if it is construed as life..........
Kerala Stamp Act, 1959, Article 15 -- Instrument - or deed cancelling a registered document `relating to deposit of title deeds' falls under Art.15 of schedule to the Act...........
Kerala Stamp Act, 1959, Article 47 -- Reconveyance of mortgaged property - Transfer of title and possession - It amounts to release and not reconveyance - Deed sought to be registered relates to release of documents deposited and not reconvey of any property...........
Stamp Act, 1899, Section 35(a) -- Stamp duty - Mortgage deed - To attract stamp duty u/art 35(a) of the Act, mortgagor must hand over possession of subject property to mortgagee...........
Stamp Act, 1899, Section 35(a) -- Payment of higher stamp duty - Mortgage deed - Possession of scheduled properties not handed over to mortgagee - Handing over possession to mortgagee cannot be assumed unless clear intention is expressed in the mortgagee deed - Petitioners cannot be mulcted with higher stamp duty by invoking Art.35(a) of the Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Sale deed in favour of subsequent purchaser executed during pendency of suit - Same is hit by provisions of lis pendens - Suit filed is for relief of specific performance, if decree is passed against defendant that decree is binding on subsequent purchaser..........
