Hindu Law -- Alienation of Joint Hindu Family Property by Karta -General principles & Safeguards - (i) Karta has power to alienate Joint Hindu Family property for legal necessity and benefit of the estate, (ii) Payment of Government Revenue and debt, payable out of the family property, maintenance of co-parceners and members of their families, Marriage expenses of the male..........
Limitation Act, 1963, Section 15(1), Article 54 -- Suit for specific performance - Limitation - Restraint order - Exclusion of time - Alienation of suit property restrained - However, no restraint order as to instituting suit or proceeding in relation to suit agreement of sale - Limitation therefore not saved u/s 15(1) of the Act...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Specific Relief Act, 1963, Sections 5 & 31 - Alienation by guardian - Suit for possession simpliciter - Alienation of property of minors by natural guardian without the permission of the court - Sale not challenged - No prayer for setting aside the sale deed - Suit not maintainble, dismissed...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Schedule II Article 17(iii) - Alienation of specific khasra number - Simpliciter suit for declaration that sale deed is null and void and not binding upon the rights of the plaintiff - Court fee payable is to be in terms of Schedule II Article 17(iii) of the Act - However, in case some consequential relief is sought then..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation - Plea of plaintiff that he has perfected his title by way of adverse possession - Held, defendant being the true owner cannot be restrained from alienating the suit property - Any sale effected during the pendency of suit shall be hit by doctrine of lis pendens and thus will..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Land not partitioned - There can be no alienation of specific portion of land - Parties to maintain status quo with regard to possession as well as alienation...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Sale of specific portion of land - Joint land - No partition by metes and bounds - Co-sharer cannot alienate any specific portion of land - Parties directed to maintain statusquo regarding possession as well as alienation...........
Transfer of Property Act, 1882, Section 41 -- Protected alienation - Loan taken from bank - Original documents of property deposited as security - Subsequent sale of said property - Suit for recovery filed - Vendee claiming protection u/s 41 - No proper, due and bona fide enquiry made before the purchase qua the lose of original title deeds - Recital in the sale deed..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Appointment - Suit for partition - For appointment of receiver wastage, damage and alienation of property are matters which require consideration...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Permanent injunction suit - Restraint of alienation sought - Property already converted into plots and developed by the purchaser - Plaintiff failed to object at that time - Permission also obtained by defendant from competent authority - Prima facie case in favour of defendant - Injunction rightly refused - Interference not..........
