Civil Procedure Code, 1908, Order 38, Rule 10 -- Agreement to sell executed prior to attachment - If a property which is subject matter of contract of sale is attached, then attachment will be enforceable against balance amount payable by purchaser...........
Insolvency and Bankruptcy Code, 2016, Section 60(5) -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Legality and validity of order of attachment under Benami Transactions Act cannot be challenged by NCLT invoking S.60(5) of the Act...........
Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Insolvency and Bankruptcy Code, 2016, Section 36 -- Liquidation estate - Where corporate debtor is merely an ostensible holder, property never forms part of its estate and cannot be administered in liquidation...........
Will -- Joint Will and mutual Will - Distinction - Joint Will is a single testamentary instrument constituting or containing Will of two or more persons and jointly executed by them - While mutual Wills are separate Wills of two or more persons which are reciprocal in their provisions and executed in pursuance of compact or agreement between two or more persons to dispose..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - Alienation or sale of undivided share is not prohibited - Any one of co-owners can deal with his share and sell property as per S.44 of the Act for such sale - Only exception is purchaser cannot seek joint possession - Sale of property by some of co-owners cannot be held, as void ab initio - However, sale is..........
Civil Procedure Code, 1908, Section 52 -- Execution - Money decree - Liability of LRs of deceased debtor - Where decree is passed against legal representative of a deceased person, it may be executed by attachment and sale of any property of deceased which has come into hands of such legal representative and has not been duly disposed of...........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Liability of LRs of deceased debtor - Once decree fixes liability upon legal representatives, Court is required to examine whether property sought to be attached forms part of estate of deceased and if so to proceed strictly in accordance with law...........
Civil Procedure Code, 1908, Section 52, 53, Order 21 -- Execution - Money decree - Attachment of property - Attachment in execution does not extinguish prior encumbrances - An attachment is always subject to existing charges or mortgages - There is no prohibition to attachment merely because property is mortgaged - Mere existence of a mortgage cannot constitute a valid..........
Civil Procedure Code, 1908, Order 21, Rule 30 -- Execution - Money decree - Attachment of property - O.21 CPC does not prohibit attachment merely because property is mortgaged - Rights of mortgagee remain unaffected and decree holders claim would rank subject to such encumbrance...........
