Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Sale of Specified Portion Without Division - When co-owners sell a specific portion of the property without formal division, the applicability of Section 46 of the Income Tax Act, 2013 depends on whether the purchaser is a specified person. In some cases, as per Sec. 46, certain persons are excluded from this provision, and courts have held that if the land is not purchased by a specified person, Sec. 46 may not apply. For example, in a case where the respondent was not a specified person, Sec. 46 was deemed inapplicable 2022 0 Supreme(Bom) 2053.
Sale of Land Without Considering Partial Satisfaction - In cases involving attachment and sale of immovable property, courts have noted that the sale process should consider whether a portion of land could satisfy a decree. Sale without such consideration can be challenged, especially if it leads to fragmentation or sale of part of a larger property
ARJUN FAKIRA BARI vs DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES NASHIK AND OTHERS - Bombay
.Impact of Sale Deed and Partition - The timing of effectivity for a partition decree depends on its registration and engrossment on stamp papers. Sale deeds and partition orders relate back to the date of the decree, affecting rights and titles. Pre-emption rights can be invoked during pendency of partition suits, and the transfer of property or share must be clearly distinguished—whether it's a transfer of a share or a portion of the land—since this impacts applicability of laws like Section 168A
Bijan Kumar Ghosh VS Swapan Mondal - Current Civil Cases
, 2023 0 Supreme(All) 2741.Sale of Share vs. Portion of Land - When a co-owner sells a share of the property, it is distinguishable from selling a specific portion of land. The sale deed must clearly specify whether a share or a particular part of the property is transferred. If it is a share, provisions like Section 168A may not apply, whereas sale of a specific land portion may involve different legal considerations. The sale of a share indicates a transfer of ownership interest, not physical fragmentation of the land 2023 0 Supreme(All) 2741.
Co-ownership and Easements - Co-owners have rights to pass through or use certain portions of the property as easements of necessity or right of way, especially if such access has been used openly and continuously for over 20 years. Acts detrimental to co-ownership interests can be challenged through injunctions or suits for partition, emphasizing the importance of consent and proper legal procedures in transfers and possession 2022 0 Supreme(P&H) 820.
Analysis and Conclusion:The effect of selling a specified portion of co-owned land without formal division depends on the nature of the transfer (share vs. portion), the legal status of the purchaser, and relevant laws such as Section 46 of the Income Tax Act and provisions related to partition and easements. Courts generally emphasize clarity in sale deeds regarding whether a share or a physical portion is transferred, and whether proper legal procedures, including registration and consideration of rights like easements, have been followed. Sale of shares typically does not trigger laws related to physical fragmentation, whereas sale of specific land portions requires adherence to land laws and proper registration. Proper legal classification and documentation are crucial to determine the effect and validity of such sales.
Disclaimer: This article provides general information on legal principles and is not a substitute for professional legal advice. Consult a qualified lawyer for advice specific to your situation.
In the realm of property law, can lead to complex disputes, especially when one co-owner attempts to sell a specific portion of the without a formal division or . The question arises: What is the effect of sale of a specified portion by a co-owner without division? This issue is common in jointly owned lands or properties, where of a part might tempt a co-owner to transfer it independently.
Understanding this requires delving into statutes like (TPA), judicial precedents, and doctrines such as . This blog post breaks down the legal validity, rights of parties involved, key findings from courts, and practical recommendations, drawing from established case law and related sources. Whether you're a co-owner, potential buyer, or facing a dispute, here's what you need to know.
Generally, a co-owner can validly sell a specified portion of even without , but only if they are in of that portion. The transferee's rights are protected under , which facilitates such transactions by recognizing the transfer of interests in undivided shares. 2015 0 Supreme(HP) 1695
However, it's a settled principle that no coowner has a definite right, title and interest in any particular item or portion thereof. Instead, each co-owner holds rights in every part of the . 2020 4 Supreme 193
Courts have clarified that even a purporting to transfer a specific portion is often treated as a transfer of the seller's , not a physical demarcation. This distinction is crucial to avoid invalidating the sale. 2021 0 Supreme(Bom) 632
If other co-owners have permitted or participated in the sale or auction—such as by attending proceedings—they may be estopped from challenging its validity later. prevents inconsistent positions in court, ensuring fairness. 2015 0 Supreme(Del) 4553
The buyer does not gain exclusive ownership immediately. They can protect and possess the transferred portion but must await formal to claim full title. Until then, their rights are limited to joint possession proportional to the share purchased. 2017 0 Supreme(P&H) 1654
A key judicial observation reinforces this: The effect in law of such a transfer would be only that the shall be entitled to a portion out of the share of his vendor at the time of ... Consequently, the effect in law of sale of even of specified portion of joint land is that it is only a sale of portion of share by one of the co-owners.
2018 0 Supreme(P&H) 1636
Under (relevant in certain jurisdictions like Goa), a co-owner cannot dispose of a specific portion without . Yet, courts interpret sales of undivided rights as compliant, not violating this rule. 2021 0 Supreme(Bom) 632
Additional insights from related cases highlight nuances:- Sales of shares versus specific portions matter. A specifying a share avoids triggers like , unlike physical fragmentation. 2023 0 Supreme(All) 2741- may apply during pending suits, with sale effects relating back to the date upon registration.
- Co-owners retain (e.g., right of way) if used openly for 20+ years, challengeable via . 2022 0 Supreme(P&H) 820
In tax contexts, may not apply if the buyer isn't a specified person, as seen in cases excluding certain purchasers. 2022 0 Supreme(Bom) 2053
The sale of a specified portion by a co-owner without is typically valid if the seller holds , but the buyer's rights are circumscribed until formal division. persists, bolstered by precedents emphasizing undivided shares over specific parcels. Doctrines like and statutes such as Section 44 TPA provide safeguards, while distinctions between share sales and portion transfers guide outcomes.
Key Takeaways:- Valid but Limited: Sale okay with possession; exclusivity post-.- Document Clearly: Specify in deeds.- Seek : Best way to resolve ambiguities.- Beware Easements/Pre-emption: Additional rights may persist.
References: 2015 0 Supreme(Del) 4553 2015 0 Supreme(HP) 1695 2017 0 Supreme(P&H) 1654 2021 0 Supreme(Bom) 632 1909 0 Supreme(Mad) 322 2020 4 Supreme 193
2018 0 Supreme(P&H) 1636 2023 0 Supreme(All) 2741 2022 0 Supreme(P&H) 820 2022 0 Supreme(Bom) 2053
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#CoOwnerRights, #PropertyPartition, #JointPropertyLaw
Sec. 46 would apply to the specifed persons. ... The respondent no.1 is not a specifed person within the meaning of Sec. 46. ... After the same was agreed upon between the parties, the petitioner agreed to execute the sale deed of the property in question in favour of the Company and the sale deed was executed and registered. While disbursing the amount of sale consideration, the Company deducted 10% of a....
“(11) In the attachment and sale or sale without attachment of immovable ... of 10 acres of land without considering whether a portion of the land could have been sold to satisfy the decree, for the sum p style
Section 46 would apply to the specifed persons. ... However, with effect from 1st September 2019, the ... Further reliance is placed on the judgment of the Division Bench of Kerala High Court in the negotiations by the offce of the Sub Divisional Offcer, Section 200 of the IT Act, 1961 within a period of one month from today to the effect
The Division Bench of this court ih a decision reported in 72 CWN 128 (Birendra nath Banerjee vs. Smt. ... sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered. ... A final decree for partition takes effect not from t....
Sub Divisional Offcer, Shrirampur Division & others (Writ Petition 10346 of 2012, decided 11 fndings, which after consideration of the factual position on the spot as well as the statements of witnesses and entries in the sale ... It is further material to note that the sale deed dated 28.04.1999, in respect of land of G.No.108 by plaintiff on oath and ascertain from him such of the particulars specifed
Panveen Trading Private Limited has shown sale of Rs.2,20,00,275/- to Barbik Project Limited during the financial year 2017-2018. ... He would further submit that the Assessing Authority without application of mind, without considering the material placed on record and reply, has mechanically passed the order. ... For ready reference, the relevant portion of the said judgment is extracted hereunder. “5. We see no justifiab....
Panveen Trading Private Limited has shown sale of Rs.2,20,00,275/- to Barbik Project Limited during the financial year 2017-2018. ... He would further submit that the Assessing Authority without application of mind, without considering the material placed on record and reply, has mechanically passed the order. ... For ready reference, the relevant portion of the said judgment is extracted hereunder. “5. We see no justifiab....
He next added that the Revisional Court without considering the thin difference that the transfer of a share is distinguishable from transfer of the portion of a plot, amounting to fragmentation. ... The question which was agitated by the State that the portion of the land is denoted in the registered sale deed, but the same could not clarify itself that whether that is the portion of the total area of th....
Warmaa, learned counsel for the petitioner, both the impugned orders are without The petitioner is challenging the order passed by the Divisional Commissioner, Nashik Division ... in category III in Schedule I, and without prejudice to the provisions contained confrmed the order passed by the District Magistrate crwp 620.22.odt Commissioner, Nashik Division
x 4 Karams wide space out of southern portion of Khasra No.1857 for approach as passage to their residential house existing in Khasra No.1937 and 1938 without any sort of obstruction for the last more than 20 years as a matter of right and by way of easement of necessity as there is no other passage ... In Bhartu's case (supra) the Full Bench noted the earlier decision by a Division Bench in the case of Sant Ram Nagina Ram vs. ... Swaran Si....
It is a settled law that no coowner has a definite right, title and interest in any particular item or portion thereof. On the other hand, he has right, title and interest in every part and parcel of the joint property or coparcenary under Hindu law by all the coparceners. Our conclusion is fortified by the view expressed by this Court in A. Viswanatha Pillai vs.
2. The corporation may also establish markets for the purchase and sale of or trading agricultural produce specifed in Schedule JJ. The corporation may, with the previous action of the State Government, add to, amend or cancel, by notifcation in the Ofcial Gazette, any of the items of agricultural produce specifed in Schedule JJ." All other markets and slaughter houses shall be deemed to be private.
The effect in law of such a transfer would be only that the vendee shall be entitled 10 bighas of land out of the share of his vendor at the time of partition or prior thereto a decree for joint possession to the extent of the land purchased by him. Consequently, the effect in law of sale of even of specified portion of joint land is that it is only a sale of portion of share by one of the co-owners.”
The effect in law of such a transfer would be only that the vendee shall be entitled 10 bighas of land out of the share of his vendor at the time of partition or prior thereto a decree for joint possession to the extent of the land purchased by him. Consequently, the effect in law of sale of even of specified portion of joint land is that it is only a sale of portion of share by one of the co-owners.” (All emphasis applied only in the present judgment).
Objections of the appellants that mandatory procedure under Sections 2 and 3 of the Partition Act has not been followed (paras 110 to 168) V. Submission that plaintiffs' application for amendment of plaint was pending – effect thereof (paras 169 to 180) VI. Plaintiff cannot be permitted to approbate and reprobate at the same time – application of the doctrine of estoppel by election (paras 34 to 60) III. What is the effect of sale by a co-owner of specific portion of joint property, ....
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