Succession Act, 1925, Section 1, 2(d) -- Applicability of Act - Succession of property of any Indian Christian - Act does not bar succession of property of any Indian Christian by person who is not an Indian national - There is thus, no prohibition for succession of property in India by a foreign national by inheritance...........
Succession Act, 1925, Section 42, 43, 44, 45, 46, 47, 48 -- Distribution of property - Order of priority - When intestate has not left behind any lineal descendant and has only kindred, nearer kindred excludes distant kindred...........
Succession Act, 1925, Section 33, 35, 45, 48 -- Intestate succession - Husband and wife jointly purchased suit property - Each of them therefore, hold equal share in entire property - Wife died leaving behind her husband and sister/kindred - There are no lineal descendants - Since husband has already half share in property and he being husband succeeded half share of his..........
Transfer of Property Act, 1882, Section 54, Registration Act, 1908, Section 17, 49 -- Cancellation of unregistered sale deed - Suit filed for cancellation of unregistered sale deed, whereby no title passed to defendants as per S.54 of T.P. Act, would not be maintainable, as prior to registration of document plaintiff is legally disentitled to challenge sale deed before..........
Specific Relief Act, 1963, Section 5 -- Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on defendants - Considering that suit property has been let out by defendants to different persons from time to time - Defendants are directed to inform such tenants that they would be bound by decree if any order..........
Transfer of Property Act, 1882, Section 54 -- Sale - Whatever interest a person is possessed of in any tangible property, he can transfer only that interest to the other person and no other interest, which he himself does not possess in the tangible property...........
Transfer of Property Act, 1882, Section 54 -- Sale - Seller on the date of sale not having any subsisting right, title or interest - Buyer of such property would not get any right, title and interest in the property purchased by him for consideration or otherwise - Such transfer would be an illegal and void transfer...........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - A right in property once extinguished by operation of law, cannot be revived unless law itself provides for its revival in a particular situation...........
Limitation Act, 1963, Section 27 -- Extinguishment of right to property - Original holders of suit land failed to file civil suit against plaintiff claiming possession of suit land on the strength of their new title, i.e re-grant in relation to suit land, within 12 years from date of re-grant - By virtue of S.27 of the Act, all rights, title and interest of original..........
Hindu Succession Act, 1956, Section 8 -- Succession - Suit property was absolute and exclusive property of father who left behind his widow, 3 sons and 3 daughters - This fact not denied by defendants - Since father died much before amendment of 2005, benefit of said amendment thus not available to daughters and question of S.29-A of Hindu Succession Act also does not..........
