Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of Act - Grievance with regard to relinquishment deed - Simpliciter suit u/s 6 of Act is not maintainable, if plaintiff had any grievance with regard to relinquishment deed - Remedy lies elsewhere i.e by seeking declaration and consequential relief, if permissible in law but not in the manner and mode which has been..........
Oral family settlement -- It cannot be held that there was oral family settlement on various grounds including (a) Nothing to indicate in the Relinquishment deed that there was an oral family settlement as such Relinquishment deed cannot be read to have been executed pursuant to an oral family settlement; (b) Relinquishment deed not executed pursuant to oral family..........
Registration Act, 1908, Section 17(1)(b) -- Relinquishment deed - Registration - Relinquishment deed requires compulsory registration u/s 17(1)(b) of Act - Once it is not registered, no title would flow pursuant to the same ...........
Hindu Succession Act, 1956, Section 15, 16 -- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by plaintiff in support of the same..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Registration Act, 1908, Section 17, 49 -- Unregistered relinquishment deed - Held, when there is a relinquishment of right over immovable property, value of which is more than Rs.100/-, it should be evidenced by registered document - If it is not registered bar u/s.49 of Registration Act would squarely apply...........
Registration Act, 1908, Section 17 -- Agreement to sell - Cannot be construed as a sale deed when it does not contemplate relinquishment of an absolute right, title or interest in the property - Such an agreement to sell does not attract registration...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
Family settlement -- Relinquishment - Relinquishment in Indian context may be for consideration or may not be for consideration - Relinquishment deed is valid even without consideration - Love and affection is also a consideration...........
