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2019 (3) TMI 1891

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..... ers are entitled to transfer their shares without specifying that the transfer is to take effect on any particular share or shares of the transferer as guided by Section 47 of Act,1882. Therefore the contention advanced by learned counsel for the petitioner that a co-ownership property cannot be sold without effecting partition cannot be sustained under law. The share is also not specifically ment .....

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..... - Dated:- 25-3-2019 - Mr. SHAJI P.CHALY, J. PETITIONER: SRI.P.S.ABDUL KAREEM SRI.R.ABDUL AHAD RESPONDENT: BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL R1 TO R3 SRI. RESMI K.M, GOVERNMENT PLEADER JUDGMENT Petitioner and her husband are in joint possession of 8.684 cents of property comprised in Sy.No.2566 of Unnikkulam Village covered by Ext.P2 Doc.No.1559/2002 of S.R.O. Thamarassery .....

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..... etitioner. 3. I have considered the rival submissions made across the Bar and perused the pleadings and documents on record. Admittedly, the property against which attachment proceedings is initiated by the 4th respondent is a co-ownership property belonging to the petitioner and her husband. No doubt, as per the provisions of Transfer of Property Act,1882, (hereinafter called Act,1882), agains .....

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..... cceed in the contention advanced with respect to the property held by the petitioner in co- ownership with her husband. After evaluating the situation and hearing respective counsel across the Bar, this writ petition is disposed of, directing the respondents not to proceed against the share of the property held by the petitioner in co-ownership with her husband if she has no liability against the .....

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