Presumption as to Joint Family Property – continuing Joint and not seperate

In This case - the court held two very fundamental principles which are of seminal importance in partition cases  -  i) if joint family's existence is shown - some property/nucleas is shown ii) It is presumed that joint family goes on/continues iii) Some properties brought by Karta in his name iv) Onus on Karta if … Continue reading Presumption as to Joint Family Property – continuing Joint and not seperate

Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Comment : In this case the plaintiff sought specific performance on the basis of an agreement to sell. defendant pleaded that the same was voidable on the ground of fraud and undue influence and was not meant to be acted upon and only meant as a security for repayment of debt. Court held mischief of … Continue reading Specific Performance of an Agreement vitiated by Fraud/Undue Influence.

Specific Performance of an Agreement executed by Vendor alone

Supreme Court of India Alka Bose vs Parmatma Devi & Ors. on 17 December, 2008 Author: P Sathasivam Bench: R.V. Raveendran, P. Sathasivam SUPREME COURT OF INDIA RECORD OF PROCEEDINGS CIVIL APPEAL NO(s). 6197 OF 2000 ALKA BOSE Appellant (s) VERSUS PARMATMA DEVI & ORS. Respondent(s) Date: 17/12/2008 This Appeal was called on for judgment … Continue reading Specific Performance of an Agreement executed by Vendor alone

Validity of GPA, Agreement to Sell transactions after Suraj Lamp Decision.

Comment : A Landmark Judgment that has outlawed GPA/Will/Agreement to Sell as means of conveyance of properties. The judgement has a prospective effect so as not to disturb earlier transactions. Court took notice of the fact that properties were being sold through the above instruments to save up on stamp duty and thereby state revenue was … Continue reading Validity of GPA, Agreement to Sell transactions after Suraj Lamp Decision.

Case note on Ghulam Abbas v. Hav Kayyum Ali 1973 (SC)

THE LAW : Mahomedan Law-Estoppel-Execution of deeds acknowledging receipt of valuable consideration and relinquishing future possible rights of inheritance in the properties of father- On father's death executants filing suit for partition of properties comprised in deed-Applicability of the rule of estoppel-Evidence Act, 1872-Section 115.   RATIO Muslim jurisprudence, where theology and moral concepts are found … Continue reading Case note on Ghulam Abbas v. Hav Kayyum Ali 1973 (SC)

Relinquishment of Spec Successionis – how far valid ?

Comment : Shorn of Unnecessary Details : The Supreme Court in this landmark decision - held that a Muslim's Share in his parent's property is only a spec successionis during their lives, there is no birth right in Islam, hence any relinquishment is not possible - for you can't give up what you do not possess. However … Continue reading Relinquishment of Spec Successionis – how far valid ?