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..........
Co-sharer -- Every co-sharer is owner in possession of every inch of joint estate...........
Co-owner/Co-sharer -- Adverse possession - A co-owner's possession of common property is not prima facie adverse against another co-owner, because such possession is considered as one on behalf of all co-owners, except when there is clear proof of ouster or assertion of a hostile title...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharer - Restraining other co-sharer from raising construction - Co-sharer cannot claim a right to raise construction without consent of other co-sharer nor does he has any right to put up any portion of joint holding to such a use which is detrimental to interest of other co-sharer or may amount..........
Hindu Law -- Joint Family Property - Mutation in the name of one of co-sharer - Does not confer right, title and interest over whole property in his favour - Does not entitled him to sell/transfer entire property...........
Co-sharers -- Co-sharer - Even if specific Khasra numbers are made subject matter of sale out of joint land, still area sold would be deemed to be sale of share...........
Release deed -- Where the property is owned by two co-owners each having undivided equal share therein and one of them by a deed claims title while the other possession, document would be a release and not a conveyance - Even where one of the co-sharers of the joint agricultural land had simply renounced his claim in favour of another co-sharer in respect of the same..........
Co-sharers -- Even a co-sharer in exclusive possession of any portion of joint property cannot be permitted to raise construction and to change nature thereof because every other co-sharer is joint owner in respect of every inch thereof...........
Co-sharers -- Possession of one co-sharer in joint property amounts to possession of all, even if other co-sharers are not in actual and physical possession thereof...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Defendant admittedly raised construction over a portion of suit land, without getting the same partitioned and threatened to evade the rights of other co-sharer including plaintiff - He is not in exclusive possession of vacant suit land over which he intends to raise construction - Defendant..........
