...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 the co-sharer to sell the undivided share... 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...

... 7. In the opinion of this Court, although the appellant-defendant No.2 may have acted in good faith without any wrongdoing on his part, however, the sale of undivided property of Birbalram by...facts in brief, necessary for adjudication of the present appeal are that the respondent-plaintiff filed a suit for mandatory injunction and cancellation of the sale deed dated 10.10.1990. It was... [2025:RJ-JD:49325] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT...

.... (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 13.7.1991 and consequently the sale purportedly...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 possession of the property in..., 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 the joint Hindu family property has...her undivided interest in joint family property), are — in the case of a boy or an unmarried girl — the father, and after him, the mother; provided that the custody of a minor who has not completed the.... Section 12 provides that where a minor has an undivided interest in the joint family property and the property is under the management of an adult member of the family, no guardian shall be appointed for...

...294 to which we were referred, does not support 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...an undivided share in coparcenery property was only entitled to ask for a partition, it was not competent to a court on a mere application for execution by a purchaser of such a share at a court sale...or actual with regard to the sale of an undivided interest of joint family property. In support of this argument reliance was placed on the decision in Yelumalai Chetti v. Srinivasa Chetti in which it...

...Section 15 of the Specific Relief Act, does not apply to a sale of undivided property by the manager of the joint family because the manager has an interest in and in certain circumstances...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 must be...

...).(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 undivided 1/3rd share in the suit property upon...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 their undivided 1/3rd share in the suit property upon...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 upon execution and registration of the deed of...

...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 petition mentioned premises is an...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-sale deed...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 of property. This aspect may be a...

...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 of 1904 decided on the 5th June last. As regards the mortgagor raising no objection before the sale, it...Section 99 of the Transfer of Property Act from causing the sale of the holding, except by a suit under Section 67 This contention was upheld by both the...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...

...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. This...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 and...

...[vendee] purchased at the execution sale 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...plots of land which are the suit property were joint property and therefore, the plaintiff Sitabai and Defendant 1 Sudam owned and possessed half undivided share each in all the four properties...herein) inasmuch as the aforesaid land was undivided and the plaintiff Sitabai and Defendant 1 Sudam were two co-sharers in the said property. In that view of the matter, the High Court was correct and...

...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 undivided coparcenary interest in the joint family property along...has held that this claim of the plaintiff must fail. All that he purchased at the execution sale was the undivided interest of the coparceners in the joint property. He did not acquire title to any...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...

...it. It is settled law that alienees of the alienees have no right to equities. Equally, it is settled law that a coparcener has no right to 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 institution of the suit for partition, though the appellants have...Order1. Leave granted.2. It is not necessary to dilate all the details of the chequered history of the litigation. Suffice...

...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 of share of the...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 of specific portion of undivided property is...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 dated...

...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 registered.... 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 of the undivided suit property with...-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...

...property as co-owners. In the absence of partition between 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 their undivided share...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...parties to the agreement, the vendee can at best obtain undivided interest of 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 sisters who were not parties to the agreement of sale. Such a relief under Section 12 cannot be obtained by a vendee, on purchase of an undivided share of the property of...

...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 share of 40 kuzhies made to the 1st 9/30 respondent in the Petition A schedule property would...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 petition Schedule properties, the sale of the property or...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 within the...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...