Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Joint property -- Sale of joint property without there being any family partition - Purchaser at the most will take joint possession along with other co-sharers...........
Specific Relief Act, 1963, Section 34 -- Suit for Declaration - Joint property - During pendency of partition proceedings sale deed was executed in favour of plaintiff - Held, purchaser of co-parcener's undivided interest in joint family property is not entitled to possession of what has purchased - Purchaser has only right to sue for partition of property and ask for..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Cancellation of sale deed - Sale of joint family property - Plaintiff not signatory of sale deeds - As every member of joint family property has community of interest and unity of possession in land held by such joint family, plaintiff thus cannot be taken to be out of possession - Relief of joint possession..........
Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Hindu Law -- Joint Hindu Family Property - Sale by Karta - Karta of Hindu joint family has no unlimited right of sale of joint family property - Sale of immovable property could be sustained to bind a coparcener only if it is supported by legal necessity or for family benefit - Proof of legal necessity is always on the purchaser whose evidence must be cogent and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment at appellate stage - Amendment sought that under Hindu Mitakshara Law no individual male member of a joint family is empowered to transfer or alienate the claim of any part of the portion of the Hindu Joint Family property - Defendant has already taken the defence that there was no sale deed and..........
Hindu Law -- Joint family property - Sale by co-sharer - Validity - Sale not challenged on ground that vendor had sold land beyond her share - Plea that vendor could not sell specific khasra numbers to vendees as she was not in possession of said khasra numbers - Even if specific khasra numbers are sold out of joint property which are not in exclusive possession of..........
Hindu Law -- Joint family property - Sale by joint owner - Cancellation of - Joint owner never produced as witness - Therefore, plaintiff brother of joint owner could not claim that fraud was played on joint owner to sell his share to third party - According to sale-deed, consideration was, indeed, paid to joint owner - Thus, share was not sold without consideration - No..........
Hindu Law, Hindu Law -- Ancestral property - Sale - Right of purchaser - Plaintiffs had merely brought a suit for declaration that particular sale was not valid and they were trying to secure recovery of whole of property alienated by karta - Held, sale cannot become void so as to defeat purchaser's right to vendor's share in property - Law permits an exercise by a member..........
