Specific Relief Act, 1963, Section 31, 34, Limitation Act, 1963, Article 59, 60, 65 -- Sale deed - Suit challenging sale deed - Limitation - Sale deed executed by minor wherein his age was mentioned as 26 years - Suit can be filed within 12 years of the deed or within 3 years of attaining majority - Suit not filed within 12 years or within 3 years - Barred by limitation...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Alienation of minor's property by natural guardian without obtaining permission of Court - Alienation has to be challenged and without setting aside alienation, no relief can be obtained - There should be a prayer to set aside the alienation effected by natural guardian without the Court's sanction - Plaintiff..........
Specific Relief Act, 1963, Section 34, 38 -- Joint Family Property - Alienation by Manager - Suit subsequently filed against manager by his wife, not only on her behalf but also on behalf of minor son and daughters claiming share in and partition of joint family property - Allegation that sale by Manager was not in interest of joint family estate and was unauthorised -..........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Minor's property - Sale by mother without permission of Court - Voidable at the instance of minor - Suit filed in 1980 within three years of attaining majority that sale was void ab initio and for actual possession - No prayer made to set aside sale deed - Amendment of plaint in 1985 - By introducing the prayer for..........
Hindu Minority and Guardianship Act, 1956, Section 8(2), 8(3) -- Minor's property - Sale by mother without permission of Court - Voidable at the instance of minor - Suit filed in 1980 within three years of attaining majority that sale was void ab initio and for actual possession - No prayer made to set aside sale deed - Amendment of plaint in 1985 - By introducing the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence in appeal in a suit by minor for declaration that sale - deed executed by father of plaintiff not binding as property sold was ancestral - Issue whether property in question ancestral disputed by defendant - Proposed additional evidence in the nature of documentary evidence and per se admissible - Proper..........
Hindu Law -- Joint Family - Partition - Partition deed executed - Once intention to separate is expressed in a document, it results in severance of joint status - Its legal effect cannot be altered by subsequent conduct of parties - All properties of joint family not divided under the deed is of no consequence in view of intention to separate expressed therein - Father and..........
Minor -- Guardian was representing the minor as his guardian - He paid sale consideration on behalf of minor and took active part in execution of sale deed in favour of his minor son - He even went to the extent to hold out that he would fight out the matter - Held, guardian was effectively representing the minor - Notice on the father and guardian was sufficient notice...........
Hindu Law -- Ancestral property - Alienation by father - Challenged by son being void and inoperative - Father was `Karta' of Joint Hindu Family - `Family necessity' mentioned as the reason in sale deed - Vendor was residing at place `C' and suit property was situated at place `D' in a ruinous condition which would have been a burden on him, he thought in his wisdom to..........
Suit for specific performance -- Appellant's mother obtained loan from respondent and executed sale deed with agreement of reconveyance - Respondent getting sale deed executed in name of her minor son - Having received money respondent was bound to execute reconveyance - Question that agreement was not for the benefit of the minor cannot be applied to the facts of the case..........
