Succession Act, 1925, Section 55 -- Division of property u/s 55 of the Act - Per stirpes and not per capita - If division is per stirpes, result of one sister's death a day before intestate will make no difference to anybody - Each will still get 50% - Each sister's family by reason of that sister's death at that particular time is placed on an equal footing with each..........
Succession Act, 1925, Section 55 -- Division of property - Per stripes distribution - Group represents a deceased ancestor - Group takes proportional share to which deceased ancestor would have been entitled...........
Specific Relief Act, 1963, Section 31, Wakf Act, 1995, Section 5, 6, 40 -- Suit for cancellation of sale deed - On ground that property belongs to Wakf - Property in question never notified as Wakf property in official gazette - No objection raised by any person or Wakf Board for non-inclusion in list - Lapse of 50 years from date of gazette notification - Plaint not..........
Specific Relief Act, 1963, Section 38 -- Suit for demolition of boundary wall and permanent injunction - Right, title and interest of plaintiff over the disputed property - Raising of boundary wall by defendant - Possession of plaintiff cannot be said to be ousted when suit filed within three days as defendant had no possession, much less settled possession - Plaintiff not..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 2(zb), 13(2), Transfer of Property Act, 1882, Section 58(f) -- Security agreement - Enforcement of security interest - In the instant case, guarantor deposited title deeds of suit properties with bank with intention of creating mortgage in favour of bank - Even,..........
Evidence Act, 1872, Section 101, 102 -- Ancestral property - Sale of property - Onus to prove - Is on alienee to show that sale was for legal necessity...........
Agreement to sell -- Specific performance - Plea of hardship - Suit property is the only property of defendant no.1 who is a widow - Defendants eking out their livelihood from the property - Even otherwise, only a merger sum of Rs.5000 has been paid by plaintiffs as advance and no further payment was made - Pleadings of plaintiff on the other side show that their huge..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 129 days - Defendant is senior citizen aged over 66 years - He failed to take necessary steps in setting aside ex parte decree owing to old age and age related ailments - Court below ought to have been more liberal in its..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Whether as per S.19(b) of Specific Relief Act, property was purchased by defendant No.2 in good faith or not can be adjudicated upon only after appreciation of evidence and it is not proper for trial Court to reject plaint before that stage - Application dismissed...........
Registration Act, 1908, Section 17, Transfer of Property Act, 1882, Section 58(f) -- Registration - Memorandum/letter acknowledging deposit of title deeds - If the memorandum is prepared merely to confirm/acknowledge the deposit of title deeds, registration is not required irrespective of point of time at which it is executed - However, if the memorandum creates rights and..........
