Family settlement -- Sisters can relinquish their right by way of gift, even oral, which is valid in personal law - Tenant in occupation - It would be constructive delivery of possession - In such circumstances, delivery of physical possession not warranted...........
Family settlement -- Brothers - It is not necessary that all brothers be present at the settlement - One of the brothers living in London can authorise his other brothers to settle disputes - One of the, brothers selling property to appellant - Sale deed registered for valid consideration - Vendee gets valid title to the property - Respondent, a tenant is bound by title -..........
Partition of property -- Appellant in possession of entire property since 1977 under the family arrangement - In the interest of justice, directions given to the appel-lant to retain 1/3rd of property and surrender the remaining 2/3rd property to the respondents who purchased the property from the other family members - Appeal allowed...........
U P Imposition of Ceiling on Land Holdings Act, 1960, Section 5 -- Appellant sold by registered sale deed land to his minor daughter represented by mother - The question is whether the sale deed is executed in good faith and for adequate consideration and is not a `Benami' transaction for the immediate or deferred benefit of the tenure-holder or other members of the..........
Hindu Minority and Guardianship Act, 1956, Section 8, 6, 12 -- Minor -Undivided interest of the minor in the Joint Hindu Family property - Sale by Karta - Held, S.8 is not applicable in view of the express terms of Ss.6 and 12...........
Punjab Pre-emption Act, 1913, Section 15 -- B sold land, in specie, to the strangers to the family - Having inducted the strangers into the property he cannot object to his vendees selling the property to the third parties and claim right of pre-emption from them - Held, Court can take judicial notice of the law prevailing on that day and mould the relief on the basis of..........
Hindu Law -- A coparcener has no right to sell his undivided share in the joint family property and any sale of undivided and specittied items does not bind the other coparceners...........
Chandigarh Housing Board (Allotment, Management and Sale of Tenaments) Regulations -- Regulation 6 - Allotment of building/flat - One among family is eligible - Husband and wife applied separately - Both allotted flats - Subsequently allotment in favour of husband cancelled - Held, there need not be any specific rule prohibiting separate application - Cancellation not..........
Tort -- Electrocution - Electricity wire got snapped from pole and lying in rainy water - Deceased not aware of electricity leakage, came in contact with live wire and was electrocuted - Claim for compensation by widow - Deceased sole earning member in the family and left behind widow, minor son and two minor daughters - Respondent No.1 to make ex-gratia payment of Rs.75,..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Joint Family Property - In contravention of Court's order Karta of H.U.F. made partial disposal - Supreme Court appointed administrator, to assume control over suit properties in order to prevent it from being further dissipated - Direction given that administrator shall have same powers and duties of receiver...........
