Ancestral property -- Single transfer of property from father to son does not prove the suit property to be ancestral coparcenary property...........
Civil Procedure Code, 1908, Section 100 -- Second appeal -Suit property bequeathed by Will and not transferred for consideration - Show cause notice - Defendant issued a show cause notice on the ground that `P' had sold and transferred suit property to plaintiff - There is no transfer of suit property for consideration but by a Will deceased bequeathed suit property to her..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - It is not every transfer of an immovable property which is hit by S.52 of the Act - It is only such transfer, which may affect the rights of any other party that is prohibited by said provision...........
Agreement to sell -- Specific performance - Plaintiff being tenant of property paid the advance consideration and thus no longer liable to pay any future rent to defendant/landlord - Possession of plaintiff therefore, of suit property was effectively as a right of part performance u/s 53-A of T.P.Act - Plaintiff continued in possession under doctrine of part performance,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim Injunction - Ancestral property - Inheritance prima facie is from a direct male ancestor exceeding three degrees higher than themselves - Plaintiffs only intend that defendant should not alienate, encumber, transfer or change the nature of suit property in any manner during pendency of suit - They have not..........
Transfer of Property Act, 1882, Section 54, Limitation Act, 1963, Article 59 -- Sale deed - Can be ignored only where it is void ab initio - Where it is pleaded that sale deed is a voidable document because it ought not to have been executed or that there is a fraudulent transfer of title by means of particular sale deed or for any reason which makes the transfer voidable,..........
Transfer of Property Act, 1882, Section 3 -- Attested - Attestors of documents - Need not know contents of document and need not always be witness to passing of consideration under sale deed...........
Evidence Act, 1872, Section 115 -- Plea of estoppel - No estoppel against provisions of Transfer of Property Act, 1882 and Registration Act, 1908 which provide for conveyance of title only through registered document...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Husband filed divorce petition at place `M' whereas wife residing at place `B' - Distance between two places 400 kilometres - Four cases between parties pending at place `B' - Comparative hardship is more to the wife - Divorce petition filed by husband at place `M'..........
Transfer of Property Act, 1882, Section 107 -- Applicability of Act - T.P. Act not applicable to State of Punjab as per Gazette notification - However, provision of S.107 of Act, would apply with full force and vigor to all leases of immovable property including agricultural leases in State of Punjab (including Haryana)...........
