Search Results for "void alienation"

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Search Results for "void alienation"

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Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

High Court

High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

25 Jul 2025

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

Supreme Court

Supreme Court Allows Specific Performance Appeal in Land Sale Dispute — Agreement to Sell Valid Despite Non-Registration and Subsequent Alienation. The court held that the appellants paid full consideration, took possession, and were ready and willing; subsequent sale deeds executed in violation of injunction are void.

12 Nov 2024

The dispute pertains to six suits for specific performance of an Agreement to Sell dated 30.08.1990 executed by Sushila Devi in favour of the appellan...

Supreme Court

"Landmark Judgment on Property Rights and Public Welfare in Mumbai" "Balancing property ownership with the collective good under India's constitutional framework."

5 Nov 2024

The Supreme Court examined whether Chapter VIII-A of the MHADA Act aligns with the principles of Article 39(b) of the Indian Constitution, which aims ...

Supreme Court

Kerala High Court Upholds Trial Court's Grant of Half Share to Sister in Property Dispute Between Siblings. Power of Attorney Revoked by Implication When Principal Joins in Sale, Rendering Subsequent Sale by Agent Void as to Principal's Share.

9 Jul 2024

The appellant, Thankamma George, and respondent No. 1, Lilly Thomas, are sisters who jointly purchased a property in 1991. The appellant, working abro...

High Court

High Court of Karnataka Quashes Resumption Orders in SC/ST Land Transfer Case — Violation of Non-Alienation Condition Not Proven. Grant of Land to Scheduled Caste Person Under Karnataka SC/ST (PTCL) Act, 1978 Cannot Be Resumed Without Establishing That Transferee Was Not a Member of SC/ST.

19 May 2021

The petitioner, Muniraju, challenged the orders of the Assistant Commissioner and Deputy Commissioner directing resumption of 2 acres 4 guntas of land...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Execution Maintainability — Land Grant Alienation Permission Lapsed Before Sale Deed Execution. The court held that objections as to maintainability of execution petition based on expiry of alienation permission are to be raised before the executing court, not by way of writ petition under Article 227.

21 Aug 2019

The petitioners, who were the 2nd and 3rd judgment debtors in Execution Petition No.2/2017, filed a writ petition under Article 227 of the Constitutio...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Land Resumption Under SC/ST (PTCL) Act — Petitioner Failed to Prove Violation of Grant Conditions. Burden of proof on applicant to show transfer in contravention of grant terms; concurrent findings of fact not interfered with under Articles 226 and 227 of the Constitution.

18 Sep 2017

The petitioner, Sri T. A. Darmalingam, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 17.08...

High Court

Bombay High Court Dismisses Second Appeal in Property Possession Suit — Upholds Concurrent Findings of Ownership and Licence Termination. Court holds that a licencee cannot claim adverse possession against the licensor and that a suit for possession without declaration of title is maintainable when the plaintiff's title is not in dispute.

29 Apr 2014

The case involves a property dispute over a house in Nagpur. The respondents (original plaintiffs) are the legal heirs of Laxman Meshram, who purchase...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

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