Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - She was married during life time of her father and she had neither deserted nor separated from her husband - On the date when suit was filed, S.23 of the Act was in force and..........
Suits Valuation Act, 1887 -- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in asserting his right for 17 years - Validity of..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Prior to expiry of lease period - Landlord can terminate tenancy by way of serving notice u/s 106 of the Act even before the time of tenancy is over. ( Para 8)..........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Pendency of suit or proceeding - Shall be deemed to commence from the date of presentation of plaint...........
Transfer of Property Act, 1882, Section 52 -- Lis pendence - Suit for creation of charge of maintenance filed by wife - During pendency of said suit, property in question sold by husband in favour of third party - Provision of S.52 of the Act held, applicable to said transaction...........
Transfer of Property Act, 1882, Section 39 -- Maintenance - Charge on property - During pendency of suit, property in question sold by husband in favour of third party - Transferee was not put in possession of property and possession of husband continued - Sale of property by husband also not appear to be bonafide - Transfer of property made with intent to defeat claim of..........
Transfer of Property Act, 1882, Section 100, 52 -- Charge - Transfer of property during pendency of suit for maintenance - Plea that there will be no charge when property is transferred for consideration and without notice - Not applicable in the instant case as transferee not a bona fide purchaser and moreover sale was subject to provision of S.52 of the Act, and apart..........
Hindu Succession Act, 1956, Section 15, Succession Act, 1925, Section 371, 372 -- Self acquired property of female - Husband of deceased entitled to self acquired property left behind by deceased even though husband not lived with her and it is widowed mother who looked after her daughter till last stage - Succession certificate granted to husband...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 465, 468, 471, 447, 511, 120B -- Anticipatory bail - Cheating - Property dispute - Entire dispute between parties is regarding execution of various documents which both parties claim to be forged and fabricated - Said fact can be decided only during course of trial - Without commenting..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son and daughter-in-law - House in dispute was owned by father and after his death, mother is owner - No evidence adduced by son that after death of father house in question came to his share - Even there is no evidence on record that said house is divided..........
