Search Results for "Void Alienation"

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Search Results for "Void Alienation"

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High Court

Bombay High Court Examines Validity of Alienation of Minor's Property by Guardian Without Court Permission in Second Appeal from Dismissal of Suit for Possession. The Court considers whether mother's sale deed was void under Section 8 of the Hindu Minority and Guardianship Act, 1956 and whether appellate court erred in disregarding compromise decree.

12 Dec 2005

Background: The case arose from a second appeal filed under Section 100 of the Code of Civil Procedure, 1908, challenging the appellate decree that di...

Supreme Court

Supreme Court Dismisses Alienee's Appeal Against Voidness of Alienations of Forest Lands Under Andhra Pradesh (Andhra Area) Estates Communal Forest and Private Lands (Prohibition of Alienation) Act, 1947. Alienations of forest lands made after 1939 are void under Section 4; the Act is not impliedly repealed by the later Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and the District Judge has exclusive jurisdiction to decide disputes without requirement of a government notification.

17 Apr 1969

The dispute arose under the Andhra Pradesh (Andhra Area) Estates Communal Forest and Private Lands (Prohibition of Alienation) Act, 1947, which prohib...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal Against Decree for Possession in Minority Property Case — Permission Under Section 8(2) Hindu Minority Act Required. Mother's Sale of Minor's Property Without Court Permission Held Voidable; Burden of Proving Legal Necessity Not Discharged by Purchaser.

4 May 2018

The original plaintiffs filed a suit for possession and mesne profit against the appellant, claiming that the sale deed executed by their mother durin...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Alienation. Court holds that a coparcener's alienation of joint family property without legal necessity is voidable, not void, and that the alienee is entitled to partition of the alienor's share.

6 Feb 2013

The case arises from a partition suit filed by the plaintiff, Vimlabai, seeking partition and separate possession of joint family properties. The tria...

High Court

High Court of Karnataka Quashes Assistant Commissioner's Order in SC/ST Land Alienation Case — Remands for Fresh Consideration. Petitioners' claim for declaring alienation of granted land as null and void under Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 was rejected without proper application of mind.

4 Oct 2016

The petitioners, Narayanappa and Mohanbabu, filed writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karn...

Supreme Court

Supreme Court Hears Appeal on Limitation Issue Regarding Temple Property Alienations. High Court had applied Art. 134-B of Limitation Act, 1908 and rejected adverse possession claim since alienor was alive.

16 Dec 1965

The dispute concerned lands granted in inam to a temple. By 1929, the manager of the temple had sold all the properties through various sale deeds and...

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...

Supreme Court

Supreme Court Allows Appeal in Karnataka SC/ST Land Transfer Case Due to Inordinate Delay. Application for Annulment Filed 21 Years After Act Commencement and 30 Years After Transaction Deemed Unreasonable Despite Absolute Alienation Bar Under Rule 43(8) of Mysore Land Revenue Code.

25 Nov 2021

The Supreme Court considered an appeal concerning land originally granted to a Scheduled Caste beneficiary in 1941 under the Mysore Land Revenue Code....

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Sale of Granted Land on Grounds of Delay and Laches. Petitioner Failed to Challenge Sale Deed Executed in 1972 for Over 30 Years, Despite Knowledge.

15 Dec 2014

The petitioner, Smt. Guthemma Kom Fakira Chalvadi, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging orders da...

High Court

Bombay High Court Dismisses Second Appeal by Purchaser in Will Dispute. Sale Deed Executed by Widow with Life Interest Declared Void Ab Initio as She Had No Right to Alienate Property Beyond Her Lifetime.

22 Aug 2017

The dispute arose from a Will executed by Hari on 22/09/1986, bequeathing 81 R land from Khasra no.95 along with a farmhouse to his son Bhojraj, and 8...

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