Right of female heirs to sue for
possession of alienated property on basis of declaratory
decree whether barred by Punjab Custom (Power to Contest ... property which was alienated. If the alienes are unable to
convince the Court that they had any subsisting interest in
the property in dispute after
Section 52A in The Wakf Act, 1995
52A. Penalty for alienation of waqf property without sanction of Board.—
(1) Whoever alienates or purchases or takes ... term which may extend to two years:Provided that the waqf property so alienated shall without prejudice to the provisions
suit property. The question
whether the suit property was the self-acquired property of
the father or was the ancestral property, had to be decided ... suit property. The question
whether the suit property is the self-acquired property of
the father or it is the ancestral property
property is not a personal property the Trustees and the Charity Commissioner the custodian of the Public Trusts can ensure that property is alienated ... alienate trust property. He submitted that the trustees being legal owners of the property always have a right to alienate the trust property.
(b) Section
consented to the alienation avoids the alienation and to the extent of the avoidance his interest in the Joint family property cannot pass ... alienation and not being in a position to avoid the alienation, she cannot claim that her Interest in the Joint family property such
recover that property allotted to the vendor for his share though it may not be identical property alienated in his favour. This ... them. The property so recovered therefore would be the joint property of all the non-alienating coparceners. The question therefore
of deciding the character
time being which means that the property continues to be an ancestral property or coparcenary property as it would have been prior to the enforcement ... nature of property inherited would affect the consequences of alienation. For example, if alienation of property inherited by Hindu female after enforcement of the Succession
with a request to authorize the trustees to alienate the property in the interest of the trust. The modalities of the development of the trust ... grant sanction to the trustee to alienate immediate property of the public trust. A priori, this judgment will have" to be read
alienation, the alienation would not be binding upon him, and therefore he can challenge that alienation. It is also well settled that the alienation ... that principle that no subsequently born son can challenge an alienation because the alienated property had already gone out of the joint family, and therefore
joint property, can enforce the sale only by a partition of the entire family property; and if in such partition the properties sold can with ... property knowing perfectly well his vendor was not exclusively entitled to the property and that even in a general partition, that property might
