Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that sale deed in question is null and void - Plaintiffs contended that suit property is ancestral property - Burden to prove that suit property was self acquired property of husband of vendor was on appellant/purchasers - Appellants failed to discharge such burden - Since husband of vendor did not have an..........
Transfer of Property Act, 1882, Section 122 -- Gift deed - Validity - Gift deed alleged to be executed in favour of plaintiff by defendant No.1 - However, possession of property was never handed over to plaintiff on the basis of gift deed - There was no acceptance of possession of gifted property and it continued with defendant No.1 - Recitals of gift deed show that..........
Agreement to sell -- Suit for specific performance - Plea of bonafide purchaser - Appellant/defendant alleged that he is a bonafide purchaser of suit property and agreement set up by plaintiff is forged and fabricated document - Defendant being subsequent vendee cannot be held to be a bonafide purchaser, given the fact of close relationship - Courts below rightly held..........
Registration Act, 1908, Section 22, 69 -- Cancellation of registration - Validity of order - Respondent no.2 passed order that document in favour of respondent no.4 is genuine transaction and that the one executed in favour of petitioner is fraudulent and directed registering officer to initiate criminal prosecution in terms of circular - As per S.22(a) of the Act,..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Law only contemplates breach on the part of transferee in providing amenities and physical needs to the transferor - It does not stipulate that condition of providing maintenance should be part of such transfer...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - If love and affection was the circumstances for executing such deed, any failure on the part of transferee to provide amenities and physical needs to the transferor would attract the grounds for revocation u/s 23 of the Act - Any emotional detachment or creation..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry in a matter related u/s 23 of the Act must be related and confined to circumstances under which document was executed - Strict pleadings or evidence cannot be insisted in such proceedings - Law only contemplates breach on part of transferee in..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Any emotional detachment or creation of an atmosphere as opposed to one demanded by a senior citizen would be sufficient to attract S.23 of the Act...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Scope of inquiry u/s 23 of the Act - Tribunal has to follow procedure for enquiry as in an inquisitorial system and not as in an adversarial litigation - Irrespective of pleadings raised by senior citizen, he has to address grievance of senior citizen as..........
