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..........
Evidence Act, 1872, Section 61 -- Document - Proof of - Mother allegedly executed a document relinquishing her all claims in the property of her i, laws family as well as custody of her child - However, original of such document not produced on record, nor any attesting witness produced to prove the same - More so, mother did not receive something in lieu of relinquishment..........
Registration Act, 1908, Section 17, 49 -- Registration - Relinquishment of right in respect of immovable property through a document - Held, such document is compulsorily registerable document - If same is not registered it becomes an inadmissible document as envisaged u/s 49 of the Act...........
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 ...........
Civil Procedure Code, 1908, Section 21, Order 2, Rule 2 -- Relinquishment of a portion of suit in order to bring the suit within jurisdiction of Court - Relinquishment should be made before institution of suit and not after instituting a suit - This provision is not applicable when relinquishment is after institution of a suit and that too before a court without..........
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..........
Adverse possession -- Plaintiff pleaded that she perfected her title to suit properties by way of adverse possession - Plea rejected as period of 12 years was not completed by date of filing of suit - Moreover, plea of securing title by plaintiff from defendant Nos.2 & 3 by way of relinquishment is inconsistent with plea of adverse possession...........
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..........
