Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title, injunction and for possession - Execution of two sale deeds by vendor of the same property - Sale deed executed in favour of plaintiff prior in time - Since property was already purchased by plaintiff as such further alienation of suit land will not confer any right, title or interest upon the..........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Period of limitation for filing suit for recovery of possession would commence upon death of widow...........
Limitation Act, 1908, Article 140, 141 -- Limitation - Alienation made by Hindu Widow - Suit for recovery of possession by reversioners (heirs) - Property alienated by Hindu Widow in favour of her brother in 1913 - Undoubtedly it was open to reversioner to proceed on the basis that such alienation does not bind her - Widow died in 1938 - Time started tickling with passing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Joint Family Property -- Alienation by co-sharer - Co-sharer can alienate undivided joint family property only to the extent of his share - He cannot sell any specific portion of joint land - Alienation of property beyond his share is void...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Transfer of property by natural guardian of minor by a registered sale deed in contravention of S.8 of the Act - Alienation made on behalf of minor can be avoided by minor or any person claiming under him - In event, minor dies before attaining majority, obviously, his legal heirs will have right to avoid..........
Hindu Minority and Guardianship Act, 1956, Section 8(3), Limitation Act, 1963, Article 60 -- Minors property - Sale in contravention of S.8(3) of Act of 1956 - Alienation made on behalf of minor can be avoided by minor or any person claiming under him by filing a suit - Suit to be filed within three years of attaining majority of minor or within three years of death if..........
Specific Relief Act, 1963, Section 34 -- Suit for mere declaration and possession - Without seeking prayer for setting aside sale deeds in question not maintainable, where sale deeds in question were executed by father on himself or on behalf of his minor son without obtaining permission of Court, as alienation is voidable at the instance of minor or on his behalf were..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority without seeking relief to set aside document of alienation - Limitation - Relief to set aside transaction forms an integral part of option available u/s..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
