Transfer of Property Act, 1882, Section 58 -- Equitable mortgage - Partition of mortgaged property - No term and condition in deed of mortgage restraining mortgagors from effecting partition of equity of redemption - It is thus, open to mortgagors to effect partition of property and thereby interest of mortgagee Bank is not affected...........
Transfer of Property Act, 1882, Section 58 -- Mortgage - Doctrine of substituted security applies to mortgages also...........
Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8 -- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made - Plaintiffs held, justified in..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19 -- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - To be treated as a separate suit/cross suit - As property in dispute as well as parties to the litigation in both the suits are common, Court to proceed with two suits simultaneously and decide the suits in accordance with law - Court is at liberty to consolidate the suits and direct parties to lead evidence..........
Hindu Marriage Act, 1955, Section 26, Hindu Adoptions and Maintenance Act, 1956, Section 20, 21 -- Maintenance to major unmarried daughter - Admittedly, daughter is major and still taking education and is unable to sustain herself out of her own earnings and property - Ss.20, 21 of Act of 1956 r/w S.26 of Act of 1955 clearly stipulates that, a Hindu is bound, during his or..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Question of existence of any love and affection between plaintiff and defendant is not the criteria to hold gift deed as invalid...........
Transfer of Property Act, 1882, Section 122, 123 -- Gift deed - Execution of registered gift deed not denied by plaintiff in favour of defendant by her - Question of examining attesting witnesses to gift deed by defendant to prove execution of said gift deed does not arise...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - No pleading of fraud or collusion - Plaintiff challenged legality of gift deed solely on ground that there was no consideration of love and affection between herself and defendant - She even not challenged the revenue entries made in favour of defendant on the basis of registered gift deed - Plaintiff..........
