Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-owners - Co-owners were in settled separate possession of joint property by mutual understanding - Their separate possession of joint property was with each other's consent - Plaintiff/co-sharer had already raised construction over a portion of joint land in his exclusive possession - He thus, cannot..........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Consideration - An agreement without consideration is void but if a document is registered on account of natural love and affection between parties standing in a near relation to each other, then such agreement is not void...........
Transfer of Property Act, 1882, Section 54, Indian Contract Act, 1872, Section 25 -- Sale deed - Nominal sale consideration - If elder brother had come to the help of younger brother, discharging his debtors and executing a sale deed mentioning a nominal sale consideration, it cannot to be said to be a sale without consideration...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Ignorance of nature of document on which signatures were obtained - Elder brother came to the help of younger brother, discharging his debtors and executing a sale deed - Such ignorance is not an instance of misrepresentation or a fraud in the facts of the case which would vitiate a sale deed executed and registered..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Fraud and misrepresentation - Respondent admits that there were debts which were paid off by appellant No.1 and he also admits that he was taken to the Municipal Office and signed once outside the Municipal Office and once inside the Municipal Office and that his wife accompanied him - With such facts are on record,..........
Registration Act, 1908, Section 17, 49 -- Unregistered document which is compulsory registrable, even if it is property stamped, does not affect any immoveable property comprised therein...........
Registration Act, 1908, Section 17, 49 -- Unregistered and insufficiently stamped document which is compulsory registrable - Document validated by payment of deficit stamp duty and penalty - Defect of document being insufficiently stamped is cured but defect of document being unregistered is not cured - Such document cannot have any affect on immoveable property comprised..........
Transfer of Property Act, 1882, Section 53A -- Entitlement to retain possession u/s 53-A of the Act - Agreement to sell - Once a party loses his right under agreement by dismissal of suit for specific performance, it would be inconsistent and incompatible with his right to remain in possession under the agreement...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2) -- Enforcement of security interest - Auction of property - Prayer to quash issuance of second sale notice - Ground that auction/sale has been fixed before expiry of 30 days from the date of service of notice - Respondents through their incorrect..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Property in question is self acquired property of father - Father not gifted the suit property to son as alleged by son - Son cannot maintain his claim on the alleged ground that he had contributed towards renovation of house...........
