Mohammedan Law -- Oral gift - Plaintiff on basis of oral gift executed by her father-in-law sought ownership of suit property - However, prior to execution of said oral gift father-in-law of plaintiff had already gifted suit property to his wife, who further alienate the same to her daughter - Suit property was never in the hands of father-in-law of plaintiff at time of..........
Partition suit -- Joint Family property - Alienation of suit property by defendant No.1 - Right of defendant No.1 to alienate suit property is negated and invalidated by two Courts below - Suit property is joint family property of father of both plaintiffs and defendant Nos 1, 2, 4 - Father of parties thus, has no right to bequeath suit property to defendant No.1, nor has..........
Agreement to sell -- Specific performance - Imperfect title - Period of limitation cannot be extended by taking a plea of an imperfect title or lack of title as contemplated u/s 13(1) of Specific Relief Act and that there was bar to alienate in view of S.52 of T.P. Act, particularly when plaintiff failed to establish readiness and willingness on his part of performing the..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of agreement to sell - Plea of defendant that suit is pre-mature - Suit filed alleging that defendant refused not only to accept balance payment but also refused to execute sale deed - Even, it is pleaded that defendant is trying to alienate property - In such circumstances, suit for injunction..........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Permission to alienate suit property - Suit filed by plaintiff for specific performance dismissed on the ground that plaintiff is not ready and willing to perform his part of contract and appeal against the same is pending - Suit property was sold two times before filing of suit by plaintiff, however, both..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit by wife for creating charge for maintenance claim - Wife seeking temporary injunction from alienating, transferring and creating charge over suit property - Property in question is ancestral property as per plaintiff - Wife is living separately since 1998 - She herself pleaded that husband being..........
Will -- Repugnant clause - Testator bequeathed his properties to his wife with further clause that in the event of any property found left out of her demise, same would go to their foster daughter - Wife was given right to enjoy and right to alienate property during her life time - Since absolute right of transfer was given to wife of testator, further clause that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Partition suit - Karta/manger of Hindu Joint family has a right to alienate joint property for legal necessity - If a member of joint family challenges alienation by Karta, he has to plead and prove that alienation is not for legal necessity - Unless he seeks to set aside those sale deeds, relief..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Disputed signatures - Agreement to sell executed between parties - Complainant contended that accused played a fraud with him as at the time of entering into agreement to sell, land in question was already acquired by State, therefore accused had no authority to sell the land even on basis of SPA - Accused..........
