Hindu Law -- Joint Hindu family property - Alienation by Karta - Challenged by co-parcener - Concurrent finding of fact that part property is self acquired, where as other ancestral property in hands of vendor - Sale without legal necessity - Sale qua self acquired property valid - Sale qua ancestral property not binding on plaintiff/co-parcerner. Manohar Lal's FB relid...........
Power of Attorney Act, 1882, Section 1A -- Interpretation of - Power of Attorney authorizing attorney to manage property of Principal, to lease out, to receive rent, to file suit and appeal, to engage Advocate or to compromise the matter - Subsequent recital, authorizing attorney to alienate land of Principal - Authority of alienation in power of attorney general in..........
Power of Attorney Act, 1882, Section 1A -- Scope of Authority - Power of attorney conferring authority on attorney to manage property of principal, to lease out, receive rent, file suit, engage counsel or to compromise - Followed by general authority to sell, mortgage, exchange, divide etc. - Attorney alienating land - Power of Attorney must be interpreted to be conferring..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minor's property - Alienation without permission of Court - Suit filed on behalf of minor for possession - Relief of cancellation of sale deed not claimed - Held, suit is not maintainable...........
Punjab Nazool Lands (Transfer) Rules, 1956 -- Nazool land - Allotment cancelled on the ground of alienation/sale of land by allottee in violation of Rules & allotment agreement - Factum of sale of land cateogorically denied by allottee - Suit for specific performance of agreement to sell by alleged vendee - Suit dismissed - Complaint by alleged vendee after dismissal of..........
Punjab Nazool Lands (Transfer) Rules, 1956 -- Allotment of Nazool land cancelled on ground of sale of land by allottee in contravention of allotment agreement - No material to hold alienation/sale of land by allottee - Statement made by allottee before the authorities that he has committed a mistake and be forgiven - Mere statement cannot be in itself construed to hold..........
Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Hindu Law -- Joint Hindu Family property - Alienation of - Nature & scope - A Karta has power to alienate for value the joint family property either for necessity or for the benefit of the estate - He can alienate with the consent of all the co-parceners of the family - When he alienates for legal necessity, he alienates an interest which is larger then his undivided..........
Hindu Law -- Joint Hindu Family property - Alienation by Karta - Right of Coparcener - A co-parcener has a right to challenge the alienation - He has no right to interfere in the act of management of the joint family affairs - Right to obstruct alienation is different from right to challenge the alienation. AIR 1988 SC 576, Sunil Kumar's case relied...........
Hindu Law -- Joint Hindu Family - Alienation by Karta & Co-parceners - Question of legal necessity - Hindu Undivided Family consisting of Karta & his five sons (co-parceners) - Karta and 4 co-parceners sold ancestral land ` Possession delivered to vendee - 5th co-parcener did not consent to the sale & sold his land to a third person - Vendee forcibly dispossessed by..........
