Hindu Law -- Ancestral property - Sale - Challenged by one of the legal heirs - Sale set aside - Property alienated reverts to the estate of the alienor at the point of his death and all persons who would but for the alienation will be entitled to inherit the same...........
Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Hindu Law -- Joint Family Property - Alienation by Karta - Setting aside sale - Legal necessity - Onus to prove is on purchaser - Purchaser is to prove that he made proper and bona fide enquiry as to legal necessity and did all that was reasonable to satisfy himself as to the existence of such necessity - Purchaser is not bound to see that money paid is actually applied to..........
Hindu Law -- Joint Hindu Family Property - Alienation by Karta - Legal Necessity -Duties of Alienee/Purchaser -Vendee/Alienee is not required to show that every bit of sale consideration advanced by him to Karta, is actually spent for meeting family necessity - Alienee/Vendee proving legal necessity regarding major portion of sale consideration - Sale by Karta cannot be..........
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...........
