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Chandrakisore Datta Majumdar vs Kumar Upendra Chandra Choudhury And ... on 9 March, 1923

L.R. 352 : 1 L.W. 794 (P.C.); Thakur Vasonfi Morarji v. Chanda Bibi 29 Ind. cas. 781 : 37 A. 369 at P. 376 : 22 C.L.J. 180 : 19 C.W.N. 873 : 17 Bom. L.R. 556 : 18 M.L.T. 31 : (1915) M.W.N. 449 : 2 L.W. 676 : 2 M.L.J. 130 The inflexible application of this view may and does in fact place the alliance at a serious disadvantage when the transaction falls to be challenged after a long series of years. Hence it has been ruled that, though lapse of time does not affect the question of onus of proof regarding legal necessity, it may give rise to a presumption of acquiescence or save the aliened from adverse inferences arising from the scantiness of the evidence offered on his behalf.
Calcutta High Court Cites 12 - Cited by 0 - Full Document

Marla Subrahmanyam vs Chelikani China Soorayya on 16 December, 1949

7. A Hindu female limited owner has a right to convey her own limited interest in the property irrespective of any legal necessity or benefit to the estate. There is no presumption that she has conveyed an absolute estate and not merely her own interest. The quantum of the interest conveyed would depend on the terms of the sale deed, the purposes for which the sale is effected and the evidence of legal necessity or benefit or at least of a reasonable and bona fide enquiry into the necessity and propriety of the sale. An intention to deal with the entire estate may be inferred from recitals of necessity or benefit which would have no meaning if the limited owner was only dealing with her life interest but which would be necessary and relevant if an absolute title were conveyed. Vasonji Morarji v. Chanda Bibi, 37 ALL. 369 : (A. I. R. (2) 1915 P. C. 18).
Madras High Court Cites 18 - Cited by 4 - Full Document
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