...:- (i) Whether one of the joint owners of the disputed path can construct a permanent wall in the joint property without consent of other joint co-owner? ...have resolved their disputes with their free will and without any pressure. They have requested to decide the present Second Appeal on the terms and conditions, recorded by the mediator.... 9. With the consent of both the parties, the present Second Appeal is decided on the terms and conditions as recorded by the mediator. The judgment and decree dated...

...that there should be a pleading and prayer to set-aside a sale deed which is void abinito, as it involved joint family property and if it is without the consent of the petitioner. At best it would bind...properties. If there was a sale in respect of one of the joint family properties without the consent of the present petitioner, it would not be binding on him in a suit for partition, it is not necessary...only to the extent of the share if any of the vendor therein and if he is entitled to that the portion of the joint family property. Therefore, in such circumstances, it is not even necessary for the...

...Tehsildar seeking mutation of her name in the revenue records. The objections were filed by the petitioner before the Tehsildar raising specific ground regarding the property being a joint property and the sale-dee...joint property without the consent of his coparceners, therefore, the sale-deed executed in favour of the respondent No.3 is null and void and no property can be transferred in terms of provisions...Section 44 of the Transfer of Property 2 Act, 1882, without the consent of coparceners. The...

...Registering Officer. 6. In view of the above, if the seller or mortgagor in a sale deed or mortgage document, prefer to transfer the undivided proportionate share in the joint-hold property...without the consent of the other coparceners by involving the power under section 44 of the Transfer of Property Act, 1882 without giving boundaries of transacted share, the document shall be...clear under paragraph 7 to the extent that the buyer without consent of his other coparceners cannot create possession except however he or she has right to sue for partition. That apart, the Hon'ble...

...share in the joint- hold property without the consent of the other coparceners by invoking the power under section 44 of the Transfer of Property Act, 1882 without...undivided share/interest in the joint family property can be subject matter of the sale, but no particular parcel or portion of the land can be alienated without determining the share of the parties...interest lying therein cannot be transferred to the buyer and such the buyer after the sale transaction would not possess the property as "joint tenant" but as tenants in...

...illegal actions and undertaking sale of joint property without his consent, petitioner instituted O.S.No.1124 of 2018 along with another person in the Court of III Additional District Judge at...affecting the right of petitioner. 4. The learned counsel for petitioner points out that several sale deeds are executed without the consent of the petitioner and on a..., was jointly purchased by way of registered sale deeds dated 23.03.2013, 30.01.2013, 18.04.2013, 08.04.2013 and 08.05.2013. In terms of the joint purchase made, petitioner is entitled to share of Acs...

...6 of the Hindu Succession Act, 1956 and submits that the petitioner being the daughter is entitled for her share in the joint family property and without her consent, her father has executed a...right over the alleged joint family property nor she has asked for partition. It is also not the case of the petitioner that the property comprised in sale-deed dated 22.05.2010 is the only joint family...specific property. It is also not the case of the petitioner that due to sale of the property in question vide registered sale-deed dated 22.05.2010, her right, title and interest in the joint family...

...-registrar cannot orally refuse to register the deed for sale stating that, the vendor of that deed for sale cannot sell his undivided share in the joint property without the consent of his co-own...undivided interest/share in the joint property even without the consent of his co-owners(co-sharers). Because, as per law, any alienation made by any co- sharer in respect of his/her undivided interest...there is no bar under law for alienation of the undivided interest of a co-sharer in the joint and undivided property even without the consent of his/her co-owners(co-shares...

...section 6 of the Hindu Succession Act, 1956 according to which any sale of the joint family property without the consent w...sale deed. The question of divestion of the property without the consent of the plaintiffs therefore would not arise.9. The question of limitation also would be a serious hindrance in...they had their undivided share in the said land admeasuring 11356 square meters and the action of their father selling such land without their consent was illegal. The sale deed dated 29 July 2003...

...family property, if that would be the case, any joint family member transfer the properties by sale or gift deed without consent of the other family members. Without challenging the alienation or ...for declaration that gift deed dated 15.12.2004 is not binding on the plaintiff, in the suit for partition, he can seek for partition in respect of joint family property...that in a suit for partition it is not necessary to seek for declaration of the gift deed, if it is a joint family property. He further contended that the trial court, after considering all these aspects...

...without consent of the other coparceners to Govind and Chunvadhiya. It was alleged that there was no partition in between the family members of the joint hindu family property and to the extent of share of plaintif...was the claim of the appellant that the joint hindu family property was sold by one of the coparceners without the consent of the other coparceners, it was necessary on their part to prove the said sale...deed by producing the same on record. Neither any sale deed was produced nor this fact was proved that joint hindu family property was transferred by one of the coparceners without the consent of the...

...the case of joint ancestral property a gift, mortgage or sale by one of the members of the family without the consent of the other members 13 invalid; and paragraph 28 provides an exception to the...rule. That paragraph runs as follows: “Even a single individual may conclude a donation, mortgage or sale of immovable property during a season of distress, for the sake of the family and specially for...which; has been adopted ever since the year 1843. In Gopal Ghand Pande v. Babu Kunwar Singh it was held that a gift of a small portion of joint family property for pious and...

...amount was received as an advance for sale of his property. It was further contended that the assessee had agreed to sell the joint property without consent of other co-owner. He returned the amou...on account of sale of the agricultural property in cash and thus, he confirmed the addition.4. The assessee's counsel contends that the A.O has examined both these persons, who have.... Even otherwise, advance money received did not constitute income of the assessee, more particularly, when the transaction of sale of property is not shown to have been concluded and amount stood returned...

...joint ancestral property a gift, mortgage or sale by one of the members of the family without the consent of the other members is invalid; and paragraph 28 provides an exception to the rule. That...paragraph runs as follows: "Even a single individual may conclude a donation, mortgage or sale of immoveable property during a season of distress, for the sake of the family and specially for pious purposes...has been adopted ever since the year 1843. In Gopal Chand Pande v. Babu Kunwar Singh 5 S.D.A.R. 24 it was held that a gift of a small portion of the joint family property for pious...

...plaintiff objected to such sale deed, filed the said suit for declaration that the sale deed is invalid since brother could not have transferred the land which was a joint property without the .... The plaintiff and defendant no.1 are the real brothers. They had purchased the land admeasuring 3200 sq. ft. of revenue survey no.186 of Vadodara on 20.8.1992 for a sale consideration of Rs.96,000.../-. Defendant no.1 claims that there was an oral partition of this property on 1.2.1997 which was reduced to writing on 8.2.1997 and duly notarised. On the Page 1 of 3...

...article also it has been noted that a coparcener cannot alienate his undivided interest in the joint family property without the consent of the other coparceners unless such sale is for legal necessity of ...the coparcenery property in mitakshara joint family without the consent of the other coparceners is not void, but is only voidable at the option of the other coparceners.(iii) Learned...Chakradhar Rout had share in the joint family coparcenery property. It is also not disputed that the alleged transaction through Ext. 1 by Chakradhar was without the consent of the other coparceners...

...he is a 1/8th shareholder in the mortgage property which is a joint holding and that no sale could take place without his express consent in the matter and since he has no intention to...dispose off his schedule of property he laid the present challenge to the contemplated sale scheduled to 27.04.2022 issued by the respondent bank for recovery of a sum of Rs.74,20,696/-. It is the...further case of applicant that the property is mortgaged by his father who is only a joint holder of the property along with him and his other brothers and sisters. It is the further case of applicant that...

...case that there was no partition of the joint property and Gulab Rai alienated his share in the joint property without the consent of the appellant and therefore the sale deed of land was...undivided share, without the consent of other coparceners; however, it may be noted that the plaintiff had not come up with the case that the disputed land is joint Hindu Family property. He had come up...executed registered sale deed of 7/24 part of the land, which was not in excess of his share in the joint property. On the basis of aforesaid findings, the civil suit was dismissed. The...

...understand, by their father, of the joint family property, on the ground that he did it without the consent of all the members of the joint family, and had no authority founded on necessity or otherwise to...which is pointed out by the lower Appellate Court, namely, the ground of necessity. For I need hardly say that, when a sale, effected by the representative of the joint family, the karta or guardian, is...original transaction had been a good and valid one. He cannot by the nature of the case have it in his power to make narrow enquiries into the circumstances which led to the sale of the family property...

...appellants contend that, this act of execution of the Sale Agreement is not only without their consent but, also against their rights joint owners in the suit schedule property. The appellants further...respect of property claimed to be joint property of the plaintiffs and defendants, without the consent of all the legal heirs or the tenants in common, cannot be deemed valid or conclusive. Furthermore..., as brought on record, reveals that the suit schedule property originally belongs to one Haider Khan, who is stated to have acquired the same from the joint family income during his lifetime. It is not...