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Showing posts from September, 2021
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Small part of property situated at Kerala - Major portion of property in Tamilnadu - Sale deed Registered in Kerala - Doesn't amount to fraud - Said act is tax planning and not tax evasion - Registration valid.

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Land situate in Kanyakumari District - Registered in Kerala - the sale deed should be considered as fictitious and the sale deed is illegal and void

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Unless there is collusion or Fraud practiced by both parties to document for purpose of registration in another place document cannot be declared as invalid or void document.

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Inclusion of a fictitious property in Kerala in the sale deeds just for the purpose of getting the documents registered in Kerala, is a fraudulent act, therefore, the documents should be held to be void.

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Assignment deed assigning debit along with underlying securities being immovable properties leying in Tamilnadu but registered beyond Tamilnadu is null and void and non est.

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Document registered outside territory of Tamilnadu - any document registered outside state of Tamilnadu in contravention of provisions is null and void.

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Amendment of section 28 in 1997 - prospective - Registration of document outside Tamilnadu, when part of property situated in Tamilnadu, not invalid prior to introduction of section 28(b).

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Unless there is collusion or Fraud practiced by both parties to document for purpose of registration in another place document cannot be declared as invalid or void document - burden of proof lies on person who attacks validity of registration.

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It is settled law that,mere fact of non reply will not lead to the conclusion that the contents of the Lawyer's notice are true,

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It is settled law that,mere fact of non reply will not lead to the conclusion that the contents of the Lawyer's notice are true,

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civil court jurisdiction specifically barred by both acts from entertaining suit in respect of eviction of unauthorised occupants.

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Suit for declaring that P1 was legally wedded wife of late G and P2 to P4 where his children - dispute is purely civil dispute and not family dispute.

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Illegitimate children of hindu mother and Christian father - absence of valid marriage - Hindu marriage act section 16 not applicable.

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Notice sent to Last known address - returned as out of India and refused - ex party decree - Appellant not properly intimated new address - set ex party only after due notice.

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Before amendment in State of Tamilnadu in 29.03.1997,document registered in any State is valid - Sale deed in question validly registered before amendment.

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Defendants who refused to receive summons - not entitled to seeking setting aside ex party decree.

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Property inherited by a son alongwith his brothers on the death of their father and partitioned amongst themselves by a registered partition deed becomes absolute property of theson on partition

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Property vest absolutely in assignee after expiry of 20 years dehors payment of land value - cancellation was initiated after 43 years - Cancellation of assignment of land, set aside.

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Suit property was never vested with Municipality and was never asked to be converted into public street and it continued to be private road - Very existence of road not proved by plaintiff - Plaintiff not entitled to any relief

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The mere fact of the existence of a right of appeal under the provisions of the Act against the assessment by the municipality does not necessarily oust the jurisdiction of the Civil Court to entertain a suit in challenge thereof

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plaintiff has straightaway come to Court without exhausting his remedies under the Act - not barred.

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Questions of the correctness of the assessment apart from its constitutionality are for the decision of the authorities and a civil suit does not lie if the orders of the authorities are declared to be final or there is an express prohibition in the particular Act

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Subsequent purchaser can step into the shoes of his vendor and cannot have any independent claim or right - it is not open to the appellant to claim that he is a bona fide purchaser without notice of the litigation.

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Party has made a valuable construction, after the purchase of the suit property during the pendency of the suit, it would be inequitable in the circumstances of the case to ask the parties to pay the present market value of the land

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section 52 of the Transfer of Property Act does not declare a pendente lite transfer by a party to the suit as void or illegal, but only makes the pendente lite purchaser bound by the decision in the pending litigation.

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section 52 of the Transfer of Property Act does not declare a pendente lite transfer by a party to the suit as void or illegal, but only makes the pendente lite purchaser bound by the decision in the pending litigation

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Defendants could not transfer or otherwise deal with it in any way affecting the rights of the appellant except with the order or authority of the court

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Sale during the pendency of the suit, then the doctrine of lis pendens came into operation

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Suit fordeclaration that gift deed executed in favour of defendant is sham transaction and not binding -Filed after more than 22 years of execution of registered gift deed - barred by limitation

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Delay beyond the period of 120 days in filing an appeal under section 37 not condonable.

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Delay beyond the period of 120 days in filing an appeal under section 37 not condonable.

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without prayer against him - impleading parties in injunction suit is not Maintainable

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Vehicle can be released on condition that - on payment of fine and production of original RC book

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Application for Amendment of plaint - After commencement of trial - Not Maintainable

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If the sale of a mortgaged property as per the SARFAESI Rules was interrupted during the 30 days notice period due to the actions of the borrower, a fresh notice of 30 days is not necessary for the sale process to resume after the interruptions are over

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Madras High Court comes to the aid of law graduate denied enrolment citing criminal cases for anti-Sterlite protestThere is a "colossal difference between complaining that a person is acting against the Government and that person is protesting the Policies of the Government

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Partition deed doesn't create title - cancellation of partition deed - Court Fee need not paid under section 40 - court fee under section 25 (a) is proper court fee.

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Supreme court said that suo motu extension of limitation period will stand withdrawn with effect from October 1, 2021

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Property purchased by father - Partition between father and sons - sons partition with their sons - father died intestate - daughters get share only father's share allotted in partition between him and his sons.

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Fraud vitiates every solemn act . The finding rendered by the Trial Court that the gift deed was brought about by practicing fraud and undue influence is unassailable.",

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Caretaker/servant can never acquire interest in the property irrespective of his long possession.

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Defendant equally entitled to lay underneath pipeline below suit cart track withoutcausing interference of usage of cart track by plaintiff

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Delay of about 10 years in filing claim for death of employee during the course of his employment - Commissioner has power to condone delay.

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Sale of undivided interest of minor in joint family property - No permission of court required

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No permission was required to sell the undivided share of minor in the joint family property.

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Payment of court fee by computing 30 Times of kist value proper

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Guideline Value is Maintained Only for Purpose of Collecting stamp duty - It cannot form foundation for determining market value

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Only such portion of property that is necessary to satisfy decree could be sold.

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Determination of any question within Section 47 is a decree the appellant can file an appeal from the order under Sec. 96 of the Code. - unless it is accompanied by certified copies of the decree and the judgment - Appeal is not maintainable

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The length of delay is not relevant and that rules of limitation are not meant to destroy the rights of parties

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The transferee pendente lite can be added as a party defendant to the case provided his interest is substantial and not just peripheral

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subsequent purchaser was also necessary and proper party to suit - mere pendency of suit does not prevent one of parties from dealing with property

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Execution Court need not entertain the petition to determine the fact that the petitioner was unaware of the litigation when she purchased the property and the question regarding the validity of the transfer made by the decree-holder to third party.

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Registered sale deed cannot be cancelled unilaterally by one party to the said document

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Bar for Inheritance is only in respect of legal heirs of the convert - The Hindu who convert himself to other religion from hinduism, will not forego the right of any inheritance.

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Life interest given to wife enlarged in to absolute right - An un-probated Will cannot be relied upon to establish any right in view of Section 213 of the Indian Succession Act

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An un-probated Will cannot be relied upon to establish any right in view of Section 213 of the Indian Succession Act

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Self acquired property of deceased by law, could have only passed to his class-1 heirs - But no right vests in plaintiffs, his grand-children over self-acquired properties - During lifetime of his successor-in-interest i.e. defendant, plaintiffs do not have any right to seek partition of his self-acquired properties

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Father dying intestate leaving behind wife, sons and daughters - They would inherit his property as Class I heirs - However grandsons when their father is alive would not inherit property as per S. 8 and would not have pre-existing right over property

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Suit for declaration of settlement deed is null and void - decreed - Registration department ought to register it as cancellation of settlement deed.

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Recitals of document indicate that document was intended only as settlement not as will and properly registered in stamp papers on certain value.

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Decree Holder who obtained an order of permanent injunction can seek for removal of construction in suit property in an execution petition.

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Partition — Reunion post Partition — Whether established — Whether Joint Family property — Partition between three broth

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In view of changing scenario relating to Pandemic, extension of limitation, held, should come to an end

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Due to his illness, could not contact counsel and counsel failed to inform the date of hearing for filing written statement and hence set exparte – held, sufficient cause for absence was shown - Ex parte decree set aside

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Exparte decree passed against the petitioner is not a valid one and thus, such decree is a nullity. When the decree passed was without adjudication of the rights of the parties, it can be set aside

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Exparte decree passed against the petitioner is not a valid one and thus, such decree is a nullity. When the decree passed was without adjudication of the rights of the parties, it can be set aside

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When the defendant is set exparte, the burden is heavy on the Court, as it would not have the advantage of defence. Therefore, the Court should be extra careful in such cases and they should consider the pleadings and evidence and should arrive at a finding as to whether the plaintiff has made out a case for a decree - Appeal not Maintainable on section 5 Application

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Non filing written statement - Decree as prayed for Passed - Decree though ex parte is valid for all purposes

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Suit decreed merely on grounds of failure of defendants in filing written statement - illegal - Court is not bound to pass a judgment and decree on mere admission of fact by the defendant

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