Search Results Page
Search Results
1 - 10 of 15 (0.22 seconds)Section 23 in The Transfer Of Property Act, 1882 [Entire Act]
Section 23 in The Hindu Succession Act, 1956 [Entire Act]
Section 4 in The Partition Act, 1893 [Entire Act]
Section 8 in The Transfer Of Property Act, 1882 [Entire Act]
The Code of Civil Procedure, 1908
Gautam Paul vs Debi Rani Paul And Ors on 17 October, 2000
5. The proposition and law has also been reinforced in
the decision of the Apex Court in the matter of Gautam
Paul V. Debi Rani Paul (AIR 2001 SC 867). The law on the
point is clear and categorical. The buyer of a share of the
co-sharer cannot have the right to joint possession. If a
transferee gets into possession of a share in the dwelling
house, the possession becomes joint and is illegal. Courts
cannot countenance or foster illegal possession. The
citations relied upon make it amply clear that the
stranger/transferee to the suit property is not only liable to
the restrained but is also to be evicted from the possession
RFA No.139/2011 Page 5 of 23
therein. The only recourse for such a transferee is to seek
partition in the suit premises.