Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation made by Manager/Karta for maintenance has to be treated as alienation for legal necessity...........
Hindu Law -- Joint Family Property - Alienation - Legal necessity - Alienation by Karta of more than his own interest in joint family property - Alienation which is not for legal necessity can be challenged by other members of joint family - In such a situation, alienation made to the extent of the shares of such members can be set aside, but the alienation of his own..........
Hindu Law -- Joint Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleadment of a party - Transferee pendente lite - S.52 of TPA does not bar alienation but only says that alienations pendente lite shall not affect the right of any other party - O.22.R.10 CPC specifically provides that in case of an..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Does not bar alienation, but only says that alienations pendente lite shall not affect the right of any other party in suit except when said alienation is made under the authority of Court and on such terms as it may impose...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from alienating the suit land in any manner during pendency of suit - Plaintiffs are bona fide allottees of plots by the gram panchayat, in lieu of government scheme, being poor persons and members of scheduled caste community - Defendants were never declared..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no manner, affect rights of other..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Non-payment of provisional rent - Pendency of suit for specific performance of agreement to sell and status quo with regard to possession of petitioners/tenants over suit property and further alienation of suit property - Held, an agreement to sell will not confer any title on a party, unless..........
Hindu Law -- Joint family property - Alienation by karta - Karta or Manager can alienate joint family properties in four situations namely (a) for legal necessity; (b) for discharge of antecedent debts; (c) for benefit of estate; (d) or with consent of all co-parceners of family...........
Hindu Law -- Joint family property - Alienation by karta - Challenge to - Burden of proof - Held, when such alienation is challenged as being unjustified or illegal, it would be for alienee to prove that there was legal necessity in fact, and that he made proper and bona fide enquiry as to existence of such necessity - If such alienation is found to be unjustified, then..........
