Joint Property -- Co-owners - Undivided suit property is left with co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - S.52 of the Act does not bar complete transfer of land during pendency of the suit...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of mother - Eviction of son - Property in question is in the name of mother and son is living in the property - Whereas, mother is living with her married daughter in a rental accommodation because of mental and physical torture of mother by her son and daughter-in-law and to compel her..........
Transfer of Property Act, 1882, Section 44 -- Sale - Co-owners - After purchasing the property of co-owners, purchaser has to file suit for general partition as per S.44 of the Act - Such suit is not filed by plaintiff for partition and therefore, question of encroachment on the part of defendants in the suit property does not arise - Order of first appellate Court..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Purchaser of property sold during pendency of suit would be bound by decree irrespective of the fact whether he was later on impleaded as a party or not - However, he cannot claim that he is a necessary party in the pending suit...........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - If any sale deed has been executed during pendency of suit and even if there was no temporary injunction order, still the said sale deeds would be subject to provisions of S.52 of the Act...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Transfer of suit property pendente lite is not void ab initio, as it remains subservient to pending litigation - Purchaser of any such property takes bargain subject to rights of plaintiff in pending suit...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - When a suit is transferred from one Court to another, Court only needs to make sure that Court to which suit is transferred is "competent to try" the same...........
