In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :- i) There is an equally efficacious relief in getting sale set aside; ii) Karta’s powers are statutory and he is the person who has to judge […]Read More No Injunction against Karta against selling jt family property.
Comment : In this case an unregistered firm sued to recover possession from a tenant (erstwhile insofar as term of tenancy had ceased) – the suit was resisted on the ground that since the basis of suit lied in contract entered into with tenant – it is hit by the mischief of S.69 and an […]Read More Eviction of Tenant by unregistered partnership firm !
Comment : In this case the SC highlighted again that merely by adoption the adoptive parents are not deprived of right to deal with their properties as such, however if there is an agreement to the contrary such rights may be restricted, and since by such agreement right/title/interest is created/declared and extinguished it is required […]Read More Marriage without Sex – Anathema – Court holds Impotency/Refusal to have Intercourse – Mental Cruelty
Comment : This case takes a very pragmatic view of requirment of service of 15 days notice before filing a suit for recovery of possession after termination of month to month tenancy, it says that even if the tenant pleads non service of notice – if otherwise landlord – tenant relationship is accepted, the service of […]Read More Service of Notice in Suit for Eviction – held 106 TPA automatically complied.
The preposition before Court is suppose A gets property from B under an agreement to sell, A has got possession and is ready to fulfil his obligations to fulfill the transaction, but B is not similarly enthusiastic about it. The agreement to sell is not registered – in such a situation A by virtue of […]Read More Whether possession can be protected via theory of part performance even after time limit for specific performance has expired ? HELD YES
Comment : This case holds that partition – is a declaration of will as regards property – which effects a change in legal relation with property – hence is compulosrily registrable within the meaning of S.17 IRA. In absence of which it does not have any effect and cannot be recieved in evidence of the same. […]Read More Supreme Court on whether partition deeds are compulsory registrable ?
Comment : A very important on the preposition that “A gift can be registered by the donee after the death of the donor, without the need of any consent of the heirs of donor, provided offcourse he proves the execution of the same” Madras High Court Venkati Rama Reddi And Ors. vs Pillati Rama Reddi […]Read More Registration of Gift Deed after donor’s death