Supreme Court · 2007 INSC 93 · Decided 2 February 2007
Hardev Singh v. Gurmail Singh (Dead) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 93 · [2007] 2 S.C.R. 141
- Case number
- CIVIL APPEAL No. 6222/2000
- Decided
- 2 February 2007
- Bench
- S.B. SINHA, MARKANDEY KATJU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68; Contract Act Section 23; Transfer of Property Act Section 43, 52, 41; Succession Act Section 68
Headnote
B Transfer of Property Act, 1882-Sections 43, 52 and 41-Transfer of property by husband to wife in lieu of maintenance-Wife claiming absolute oivnership-During pendency, husband selling the property to third party C and giving possession-Third party claiming benefit of s. 43 and 41-Plea of legal that the third party was aware that the husband had no title over the property-Transaction was not void- " Husband could raise plea of inapplicability of section 43 and not the LR's whose claim was based on the Will-Principle of feeding the estoppel will D apply against the husband and
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