Transfer of Property Act, 1882, Section 31 -- Transfer deed - Conditions - When a condition which is prohibited under law is incorporated in the deed, provisions of S.31 of Transfer of Property Act has no application...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title and possession - Mere fact that defendant had effected mutation over suit property is not a ground to deny the relief to plaintiff, particularly when mutation was effected without prior notice to plaintiff...........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - If property is inherited by a female Hindu from her father or mother in absence of any of child, property of deceased shall go to legal heirs of father - Husband will not get any right over property inherited by her from her father...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Cancellation of gift deed can only be questioned by done/giftee...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner cannot be appointed to note down as to who is in possession and enjoyment of property or for gathering evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Advocate commissioner can be appointed in a suit for injunction to note down physical features, localize or demarcate property - This action is permitted to help Court understand the local situation and is not considered a collection of evidence - Such appointments are discretionary..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Petitioner wants to prove existence of a structure in plaint by appointment of an advocate commissioner, which can never be said to be either gathering of evidence or to note down his possession and enjoyment of property - Application allowed...........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Once plaintiffs asserted that they derived valid title to suit property through their forefathers, burden lay squarely upon them to substantiate such claim by producing cogent title deeds in support thereof...........
