...understanding the nuances of law. In law, there is no bar for sale of undivided property in the joint family property. Section 44 of the Transfer of Property Act permit ... WP(MD). No.27381 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 05/09/2024... CORAM The Hon`ble Mr.Justice N.SATHISH KUMAR WP(MD). No.27381 of 2023 and WMP(MD) No.23526 of 2023 Vijayaraj ... Petitioner Vs...

.... (3) A perusal of the sale deed dated 27.3.2001 leaves no manner of doubt that sale is of undivided joint property. The question whether Surinder Singh has died on 13.7....executed on his behalf is illegal and void, is a question which can be decided after evidence is led. The sale of undivided share in favour of the defendant will not confer any right to claim actual physical posses..., District Ambala. (2) It is the case of the plaintiff that the land measuring 2 kanals 4 marlas is purported to be purchased by the defendant vide registered sale deed dated 7.3.2000...

....3. For the first time in the special leave petition the competence of the Karta of the Hindu joint family, effecting sale of the undivided interests of the minors in t.... Section 6 of the Act inter alia provides that the natural guardians of a Hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her .... Furthermore the natural guardian shall not, without the previous permission of the court, mortgage or charge, or transfer by sale, gift, exchange or otherwise, any part of the immovable property of the...

...the contention that the order was a nullity. There a purchaser of an undivided share in coparcenery property at an execution sale had applied for possession under Section 318 of the Code of Civil...competent to make an order of delivery of possession, either symbolic or actual with regard to the sale of an undivided interest of joint family property. In support of this argu...plaintiff. Now, it is well settled that the purchaser of a coparcerner's undivided interest in joint family property is not entitled to possession of what he has purchased. His only right is to sue for...

...Section 15 of the Specific Relief Act, does not apply to a sale of undivided property by the manager of the joint...property was joint family property is correct.10. The question then is whether the plaintiff is entitled to specific performance of the contract in the absence of proof that the sale was...undivided property in no way takes the case out of the operation of the section which runs thus: ‘Where a party to a contract is unable to perform the whole of his part of it, and the part which m...

...).(ii) That Defendant 1 shall get a sum of Rs 1,55,00,000 (Rupees one crore and fifty-five lakhs only) towards the full and final consideration price for sale of his ....(iii) That Defendants 2 and 3 shall jointly get a sum of Rs 1,30,00,000 (Rupees one crore and thirty lakhs only) towards the full and final consideration price for sale of thei...Defendants 4, 5 and 6 shall jointly get a sum of Rs 78,00,000 (Rupees seventy-eight lakhs only) towards the full and final consideration price for sale of their undivided 3/15th share in the suit property ...

...Ex.R5-sale deed, relating to undivided share of the property. The value of whole property would be much more than the value of the undivided share in a property. The pet...enjoyment of the property being 1285 / 18500, undivided share out of the A-schedule land, out of the three ground 582 sq.ft. The learned Rent Control Appellate Authority held that as per Ex.R5-...basis of Exs.P3 and P4 for the reason that Ex.P3 sale deed relates to the sale of undivided property, on the other hand, Ex.R5 relates to sale of undivided share ...

...sale of specific khasra number is null and void and defendant No.5 and 6 should be restrained from selling any specific portion of the undivided joint property. It was also claimed by the plaintiff that.... 6. The learned counsel representing the appellant contends that the sale of specific portion of the undivided joint property is void. 7. T...Court has considered the submissions of the learned counsel representing the appellant. 8. The sale of a specific portion of the undivided joint property is not null...

...mortgage. The sale was of the whole undivided property and cannot be split into parts. Those cases were recently followed in an unreported decision of the Chief Justice and Mitra J. in second appeal No. 85...Section 99 of the Transfer of Property Act from causing the sale of the holding, except by a suit under Section 67 This co...lower Courts and the sale was set aside. The auction-purchaser appeals, and on his behalf it is contended (1) that a mortgage of only a portion of the property would not have the effect of making void the...

...sell his undivided share in the joint family property and any sale of undivided and specified items does not bind the other coparceners. Since the specific properties were purchased prior to the...Order1. Leave granted.2. It is not necessary to dilate all the details of the chequered history of the litigation. Suffice...it to state that in OS No. 2 of 1975 the trial court passed a preliminary decree on 24-4-1982 thus:“(1) that the Plaint Item 1 of ‘B’, ‘C’ and ‘D’ Schedule...

...necessary to consider first of all whether the sons of Defendant 1 were legally liable to pay the decretal debt due by their father and could this liability be enforced by attachment and sale of their ...alone and his sons were not made parties either to the suit or the execution proceeding, his own undivided interest in the joint family properties and not that of his sons passed by the sale. Consequently...father's undivided coparcenary interest in the ancestral property but from the entire interest of the father and the sons in the same. The execution proceedings showed that the creditor intended to attach...

...plaintiff is entitled to half-share in the suit property consisting of four plots as mentioned hereinbefore. It was further held that the sale deed executed by Defendant 1 Sudam in favour of....17. Without there being any physical formal partition of an undivided landed property, a co-sharer cannot put a vendee in possession although such a co-sharer may have a right to...was the undivided interest of the coparceners in the joint property. He did not acquire title to any defined share in the property and was not entitled to joint possession from the date of his purchase...

...to prove that they were co- sharers in possession of specific portion of the suit land. It is settled law that sale of specific portion of undivided property is nothing but sale ...evidence have recorded a finding of fact on the basis of revenue record that plaintiff-appellant was not in exclusive possession over any portion of the joint property. It is well settled that sale ...interfering in the peaceful possession of the plaintiff in the disputed property has been dismissed. The brief facts of the case of the plaintiff are that the plaintiff vide sale deed date...

...separate possession of 2/3rd share of the property. It was submitted that the said plaintiff and Defendant 1 jointly purchased the undivided one-half of the plaint schedule property under register.... The grandfather of the appellant Dondapati Narayana Reddy who had undivided one-third share in the said property executed a registered will dated 20-8-1994 bequeathing his entire estate to the...plaintiff-appellant. After the death of his grandfather, the plaintiff and his brothers became absolute owners of one-third undivided share in the property and along with their father's one-third share they...

...of lease, the respondent landlord filed Title Suit No. 412 of 1977 for eviction of the appellants. During the pendency of the suit, the respondent entered into three separate agreements for sale ...-1990 cancelled the said agreements for sale. Under such circumstances, the appellants filed a suit for specific performance of sale in respect of the land in dispute on 31-10-1990. In the said suit, the...appellants moved an application for grant of interim injunction restraining the respondent from alienating or parting with the property in dispute. The trial court granted injunction as prayed for...

...possession of the same is executable and maintainable? (2) Whether the doctrine of Caveat Emptor would apply to court auction sale and consequently, can the court auction sale of the undivided sha...any mortgage decree is obtained in respect of undivided shares, E.P. for sale or delivery cannot be maintainable. The remedy open to the auction purchaser is only to file a suit for partition. Without partitioning the petit...Court held as under:- "11....All that (vendee) purchased at the execution sale, was the undivided interest of co-parcener in the joint property. He did not acquire title to any defined share in the...

...within the period given in section 54F is not required prior to 1988, i.e., before insertion of sub-section (4), if assessee has purchased any property after the sale of his undivided property wit...right in holding that notwithstanding the fact that the sale price of the shares was not actually invested in the house property, the assessee would get exemption under section 54F since the house...property was registered in her name within two years from the date of the sale of the shares? 3. Whether, on the facts and in the circumstances of the case and on a proper interpretation...

...Court has made it amply clear that there is absolutely no prohibition in sale of a coparcener's undivided property and as such there cannot be any obstruction in registering such documents by 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...Arindam Sinha, J.:— Mr. Parija, learned advocate appears on behalf of petitioners. He submits, his clients want to sell their coparcenary property. The registering authority cannot refuse...

...them, the two brothers together had undivided share in the property and they could not have agreed for sale of the entire property. They were competent to execute agreement to the extent only of t...in the property. In the event of sale of such undivided share, the vendee would be required to file a suit for partition to work out his right in the property. The left-out three...two brothers in the property. Section 12 of the Specific Relief Act cannot be invoked by the vendee to obtain sale of undivided share of the two brothers with a right to force partition on the sis...

...property, any question of challenging the sale of an undivided share of the property would not arise. An undivided owner like the first respondent, in the absence of any...the respondent/defendant; she filed CS (OS) No. 1548/2007 claiming a declaration that the son i.e the first defendant had no right to sell any undivided portion of the suit property until it was...HUF. The entirety of the property is to an extent of 2400 sq. yards. A.P Aggarwal & Sons HUF sold 1200 sq. yards of the suit property to second defendant by way of sale deed; the seco...