Search Results for "illegal alienation"

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Bombay High Court Dismisses Second Appeal in Property Dispute Among Siblings — Upholds Concurrent Findings on Partition and Sale. Court holds that plaintiffs failed to prove that suit property was ancestral or that defendants' alienations were illegal under Muslim personal law.

The case involves a property dispute among siblings. The plaintiffs, daughters of Umar Khan, filed a suit seeking partition and declaration that alien...

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High Court of Karnataka Allows Appeal Against Rejection of Plaint in Suit for Specific Performance — Plaint Not Barred by Section 10 of Transfer of Property Act, 1882. Agreement to Sell with Restriction on Alienation Does Not Render Contract Void Under Section 10 of TPA.

The appellant/plaintiff filed a suit for specific performance of an agreement to sell dated 24.01.2023 executed by the respondent/defendant in respect...

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Bombay High Court Examines Challenge to Charity Commissioner's Permission for Lease of Trust Land for 30 Years Without Public Notice. Question Involved Whether Mandatory Advertisement Under Bombay Public Trust Act Was Dispensable for Long-Term Agricultural Lease.

The writ petition was filed by three residents of village Hinglajwadi, claiming to be devotees and interested persons under Section 2(10)(a) of the Bo...

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Supreme Court Allows Appeals in Specific Performance Case — Agreement to Sell Void Under Section 61 of Karnataka Land Reforms Act, 1961. Agreement executed during non-alienation period is void ab initio and not enforceable even after the restriction period ends.

The Supreme Court allowed the appeals filed by the defendants (appellants) against the judgment of the Karnataka High Court which had upheld the decre...

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Bombay High Court Allows Amendment in Administration Suit to Implead Strangers and Challenge Alienations. Court Holds that Administration Suit Can Determine Validity of Deceased's Alienations and Implead Strangers if Circumstances Warrant.

The plaintiff filed a suit for administration of the estate of his deceased parents, who passed away on 18 March 2002 and 28 December 2004 respectivel...

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High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

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Bombay High Court Dismisses Habeas Corpus Petition by Father for Custody of Minor Child in International Parental Abduction Case. Court holds that habeas corpus is not maintainable when custody is with lawful guardian and child's welfare requires stability.

The petitioner, Khaled Kamal Hussein Mohamed Kassem, an Egyptian national, filed a habeas corpus petition seeking the production and custody of his mi...

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Bombay High Court Disposes Public Interest Litigation with Directions to Enforce Tribal Land Transfer Restrictions. Section 36A of the Maharashtra Land Revenue Code, 1966, Prohibition 'or otherwise' Encompasses Development Agreements and Powers of Attorney to Prevent Alienation of Tribal Land.

Background: The petitioner, a registered tribal welfare organization, filed this Public Interest Litigation raising concern over illegal transfers of ...