ISSUE:
Whether Sughra Bibi's power of alienation valid and legally enforceable?
RULE:
Person allowed by way of family arrangement to take property on condition that it should not be alienated to stranger Such condition held not repugnant to law.
Category: General Rules of Transfer
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.
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.
ISSUE:
Whether a covenant limiting the use of property would “run with the land” and bind all future owners of the property?
RULE:
A covenant amounts to a contract between a vendor and vendee, it is enforceable against a purchaser for value with either constructive or actual notice.
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.
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.