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Results of not+to+alienate

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MADHYA PRADESH HIGH COURT

Year of decision: 2024
Details

Co-sharer -- A coparcener or co-sharer can alienate to the extent of his share, but he cannot alienate any specific piece of land...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2024
Details

Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........

RAJASTHAN HIGH COURT

Year of decision: 2023
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for Specific performance - Objections raised by defendant are mixed question of facts and law and it could have been heard and decided after framing of issues and leading evidence by respective parties - If third party rights are created, it would result in multiplicity and complicity of..........

SUPREME COURT OF INDIA

Year of decision: 2023
Details

Hindu Law -- Joint Family property - Alienation by Karta - Karta has right to sell/dispose of/alienate HUF Property, even if a minor of family has undivided interest...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - S.19(b) of the Act does not permit vendor to unilaterally terminate prior agreement of sale and to alienate property and thus, purchaser cannot be made to suffer on this account for no fault of his...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Dispute relating to registered will - Appellant and respondent No.3 were excluded and beneficiaries were respondents No.1 & 2 - Apprehension that defendants will alienate immovable properties covered under Will - Defendants were directed to maintain status quo of the property mentioned in the Will -..........

RAJASTHAN HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Hindu Law -- Joint Family property - Karta/Manager of a joint family property may alienate joint family property only in three situations, namely, (i) legal necessity, (ii) for the benefit of estate and (iii) with the consent of all the coparceners of the family...........

KARNATAKA HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title based upon Will - Apprehension that defendants may create third party interest or alienate property since certain revenue records are said to have been made in their favour in respect of very same property - Defendants rightly restrained by appellate Court..........

SUPREME COURT OF INDIA

Year of decision: 2021
Details

Agreement to sell -- Karta of Hindu Joint Family - Karta entered into an agreement to sell who was in need of funds to meet the domestic necessities - Signatures of son of Karta on agreement to sell is not required - Karta is entitled to execute the agreement to sell and even alienate the suit property - Absence of signatures of son of Karta on agreement to sell does not..........

Showing : 1-10 of 132 Results