Co-owner -- Purchase from only a few of many co-owners - Concept of bona fide purchasers does not arise - On the converse what applies is caveat emptor : buyer beware...........
Succession Act, 1925, Section 299 -- Appeal - Probate proceedings - Expression `every order' as used in S.299 of the Act imbibes within itself even an order passed in a probate proceeding including an order discharging caveat or rejecting caveat...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Agreement to sell -- Specific performance - Readiness and willingness - Agreement between parties proved on record - Plaintiff present at Sub-Registrar's office for execution of sale deed, but defendant did not turn up - Defendants filed caveat petitions and executed a sale deed in favour of subsequent purchaser - Plaintiff thus, established that he made all efforts to..........
Agreement to sell -- Specific performance - Subsequent purchaser - Plea of bonafide purchaser - Subsequent purchaser only denied the agreement between vendors and plaintiff - No witness is examined on his behalf - Facts on record disclose that vendors made conscious efforts to ensure that plaintiff did not obtain an order of injunction against them by fling caveat -..........
Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........
Succession Act, 1925, Section 283(1)(c) -- Probate - Citations are issued in order to enable such persons who claim to have any interest in the estate of deceased, to see the proceedings before grant of probate and if necessary to oppose the same - Such persons to whom citations issued whether general and special, may file a caveat - All proceedings are required to be..........
Succession Act, 1925, Section 284 -- Caveatable Interest - Law of intestate succession must be kept in mind, while determining the issue of caveatable interest - A reversioner or an agnate or a family member can maintain a caveat only when there is a possibility of his inheritance of property in the event of probate of Will is not granted - If there are heirs intestate who..........
Succession Act, 1925, Section 284, 276 -- Caveat - Probate proceedings - Applicant is not a near relationship of testatrix nor a natural guardian of two minor daughters of testatrix who are beneficiaries under Will - He is the so, i, law of uncle of testatrix - Applicant applied without seeking renunciation of executorship as contemplated u/s 230 of Succession Act - More..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to issue whether caveator has an..........
