Trace Your Case

Menu

Author: TYC

Categories
Transfer of property under litigation, Fraudulent Transfer

Guruswamy Nadar v. P Lakshmi Ammal through LRs & Ors (2008) 5 SCC 796

ISSUE:

What issue would lis pendens (pending legal action) have on the subsequent sale of the property to the second buyer?

RULE:

In normal circumstances, the Court’s decision would only be binding on the parties to the dispute. In this case, however, the second purchaser was also bound by the Court’s decision.
The rights of a subsequent buyer are not to be annulled but simply be made subservient to the rights of parties already in litigation.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Transfer of property under litigation, Fraudulent Transfer

Jayaram Mudaliar v. Ayyaswamy AIR 1973 SC 569

ISSUE:

Whether lis pendens would apply to the sale in question?
Whether public auctions are an exemption to Section 52 of the Transfer of Property Act?

RULE:

Section 52 applies not only to actual transfers or rights but to other dealings by any party to the suit or proceeding so as to affect the right of another party.
Where it is an outside agency which proceeds against the subject matter of the litigation without provocation by the litigating party, the transaction will be unaffected by Section 52 of the Transfer of Properties Act.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Transfer of property under litigation, Fraudulent Transfer

Madhukar Nivrutti Jagtap v. Smt. Pramilabai (2020) 15 SCC 731

ISSUE:

Whether the transfer made during the pendency of suit to third parties is illegal?

RULE:

The effect of doctrine of lis pendens is not to annul all the transfers effected by the parties to a suit but only to render them subservient to the rights of the parties under the decree or order which may be made in that suit.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
General Rules of Transfer

Zoroastrian Co-Operative Housing Society Ltd v. District Registrar Co-Op Societies (Urban) (2005) 5 SCC 632

ISSUE:

Whether the byelaw restricting membership to Parsis was valid?

RULE:

The Co-operative Societies Act provides that no society shall, without sufficient cause, refuse admission to and person duly qualified under the provisions of the Act and its byelaws.
In the case of a housing society, there should be a bond of common habits and common usage among the members. This bond is found most in community or caste groups in India.
The concept of public policy in the present context must be looked for under the Act and, in the absence of any such provision, it cannot be held that the byelaws are opposed to public policy.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
General Rules of Transfer

K. Muniswamy v. K. Venkataswamy AIR 2001 Kant. 246

ISSUE:

Whether Section 10 of the Transfer of Property Act would apply in the present case?
Whether the stipulation laid down by the parents creates an absolute estate or a limited estate?

RULE:

In India, there exist various personal laws classified on religion that govern personal matters such as the partition of property.
There exists an absolute estate in favour of the parents as they should enjoy the property in any way they like till their death.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
General Rules of Transfer

Ma Yait v. The Official Assignee (1930) 32 BomLR 125

ISSUE:

Whether the rights given to the son were similar to an heir-apparent succeeding to an estate?
Whether the right to sue was given to the son?

RULE:

The settlement is a well ascertained form of property. It has been transferred in India for generations.
It is possible to raise money and dispose of such property in any way that the beneficiary chooses.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
General Rules of Transfer

Rajes Kanta Roy v. Santi Debi AIR 1957 SC 255

ISSUE:

Whether Santi Debi should be entitled to the monthly maintenance?
Whether Santi Debi can execute the previous sale deed?
Whether Rajes’ objections regarding the marriage between Santi Debi and Rabindra are valid?

RULE:

The interest in the present deed was a contingent one, it would be vested only once the contingency of the deed ceases, and this would be only if either the dues specified in the deed were discharged or if the interest of the deed were to cease.

Subscribe to Read More.
Join Now
Already a member? Log in here
Categories
Transfer

 V.N. Sarin v. Ajit Kumar Poplai AIR 1966 SC 432

ISSUE:

Whether the partition of co-parcenary property among the coparceners under Hindu Law is a transfer within the meaning of S. 53 of the Transfer of Property Act, 1882, and therefore, can it said to be "an acquisition by transfer" within the meaning of s. 14(6) of the Act?

RULE:

The partition of coparcenary property does not amount to transfer. The joint family members (all the coparceners) were enjoying the property rights and had an interest in the property beforehand. The division of coparcenary property is the division of rights among the coparceners, collectively into individual or specific rights.

Subscribe to Read More.
Join Now
Already a member? Log in here