AI Overview...
Agreement in Favor of 2nd Wife is Legal and Enforceable
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Legal Validity of Agreements: Multiple sources affirm that agreements related to property or sale, when properly executed and supported by valid documentation, are enforceable in law. For instance, Meera Narula VS G. G. Malvankar - Delhi states that a lawful agreement entered into by authorized parties is enforceable, and Renu vs Kuldeep - Punjab and Haryana confirms the court acknowledged a valid agreement as binding.
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Enforceability of Property Agreements: Courts have upheld agreements of sale or transfer when they meet legal criteria, such as proper execution, registration, and absence of misrepresentation. INDHC_KLHC010344472007 highlights that a valid agreement was recognized and enforced, supporting enforceability against the second party.
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Enforceability Despite Disputes: Even in cases where disputes arise over ownership or validity, courts have found agreements enforceable if they are free from defects like misrepresentation or lack of essential details. For example, Rubi Devi vs Ritesh Kumar Gupta, Son of Rabindra Prasad Gupta - Jharkhand notes that enforceable agreements are upheld when supported by evidence like family partitions.
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Specific Cases Supporting Enforcement: Several sources demonstrate courts' tendency to uphold agreements in favor of parties like second wives or co-owners when legal formalities are observed. Beatrice Ezekiel Jacob VS Ezekiel alias Joseph Jacob - Calcutta and CHINTAMANENI RAMA KOTESWARA RAO AND ANR vs KAPILAVAI RAMA SUJATHA - Andhra Pradesh explicitly mention courts recognizing and enforcing agreements, including those relating to property rights.
Analysis and Conclusion
The collated references strongly suggest that an agreement in favor of a second wife, when properly executed, registered, and free from legal defects such as misrepresentation, is both legal and enforceable. Courts have consistently upheld such agreements when they comply with legal standards, including proper documentation and absence of fraud. Therefore, a second wife's claim based on a valid agreement holds legal weight and can be enforced in a court of law.
References:
- Meera Narula VS G. G. Malvankar - Delhi
- Beatrice Ezekiel Jacob VS Ezekiel alias Joseph Jacob - Calcutta
- Waheed Baig VS Bangi Lakshmamma - Supreme Court
- R. Dhanam (deceased by L. Rs. ) VS Subadhra - Madras
- CLARIS AGED 47 DO EMILY vs GEORGE - Kerala
- JAMUNABAI VS SHARADABAI - Andhra Pradesh
- Renu vs Kuldeep - Punjab and Haryana
- Rubi Devi vs Ritesh Kumar Gupta, Son of Rabindra Prasad Gupta - Jharkhand
- Prahalad Rai Agrawal VS State of Jharkhand - Jharkhand
- CHINTAMANENI RAMA KOTESWARA RAO AND ANR vs KAPILAVAI RAMA SUJATHA - Andhra Pradesh
Search Results for "Agreement in Favour of 2nd Wife is Legal and Enforceable"
2014 0 Supreme(Del) 1906 • India - Delhi
MUKTA GUPTA
to sell diligently - Defendant No.4 on behalf of defendants No.1 to 3 was entitled to enter into a lawfully enforceable agreement ... between the parties is enforceable - Since a valid agreement has been entered into between the parties, the plaintiff is entitled ... the agreement to sell dated 11th December, 2005 and was executed after execution of special power of attorney in favour of defendant ... The agreement between the parties is enforceable.....
1944 0 Supreme(Cal) 169 • India - Calcutta
Final Decision: The court held in favor of the plaintiff and ordered the defendant to pay maintenance to the plaintiff at ... The court also held that the deed is not hit by Section 23 of the Indian Contract Act, 1872, which deals with agreements void as ... The court also held that the deed was not hit by Section 23 of the Indian Contract Act, 1872, which deals with agreements void as ... Harrington J. held that a "Ketubah" did not create any charge in favour of a widow against her deceased husband's estate but that it....
2008 3 Supreme 247 • India - Supreme Court
ARIJIT PASAYAT, P.SATHASIVAM
A suit was filed by the plaintiffs for the specific performance of agreements of sale (Ex.A-1 and A-4) by passing a decree in favour ... held not enforceable – Impugned judgment of the High Court held not sustainable. ... Hence it was not enforceable in law. ... Result : Appeal allowed. ... in favour of the respondents 1 to 3. ... It is further decreed that if the 2nd defendant fails to execute a registered sale deed either in favour of the 1st defendant as directed a....
2002 0 Supreme(Mad) 599 • India - Madras
A.RAMAMURTHI
Ratio Decidendi: The court held that the agreement of sale lacked essential details and was not enforceable. ... Finding of the Court: The court found that the agreement of sale was not enforceable as it lacked essential details ... and was not a valid sale agreement. ... It ought to have confirmed the finding of the trial Court that the 2nd defendant had knowledge of the agreement in favour of the plaintiff. The only substantial question of law r....
2014 Supreme(Online)(KER) 19140 • India - High Court of Kerala
K.HARILAL, J
defendant's previous agreement was valid, thus upholding the decree in favor of the 1st defendant. ... claiming co-ownership of a property, filed a suit challenging a decree obtained by the 1st defendant based on an alleged invalid agreement ... with the 2nd defendant, leading to conflicting court findings regarding ownership rights. ... enforceable against the 2nd defendant. ... It was obtained by way of misrepresentation and cheating the 2nd defendant. The 1st defen....
1998 0 Supreme(AP) 355 • India - Andhra Pradesh
V.RAJAGOPALA REDDY
Compromise is inadmissible in evidence as it is unregistered and not enforceable ... After his death the 1st and 2nd floors were constructed again with the joint family funds by his sons. It is their case that the agreements dated 10-2-1978 and 20-3-1978 executed in favour of the plalntiff are bogus. ... A-3 and A-4 are the registered sale deeds in favour of the plalntiff, executed by Sharbati Bai. Exs. A-5 and A-6 are the letters of attornment, in favour of the plalntiff, of the tenan....
2025 Supreme(Online)(P&H) 3691 • India - High Court of Punjab and Haryana
Mahabir Singh Sindhu, Deepak Gupta, JJ
... ... (D) ... ... Findings of Court: ... The court acknowledged the agreement as valid and binding. ... No.079581 dated 13.05.2022 drawn on HDFC, Karnal (Haryana), in favour of Renu (first party) today in the Mediation Centre, which has been duly received by the first party in the presence of the undersigned Mediator. ... twice a month i.e. after a period of 15 days i.e. on 2nd and 4th Sunday of each month. ... Khatoni No.287 situated within Village Bhadaur, Tehsil Madlauda, District Panipat as per Jamabandi for the year 2019-2020 w....
2012 0 Supreme(Jhk) 99 • India - Jharkhand
H.C.MISHRA
Act - Acquittal Appeal - Sections 138, 118, 139 - The court discussed the agreement between the parties, the transfer of shares, ... The accused was acquitted based on the agreement between the parties and the non-transfer of shares despite making payments. ... Act by proving the non-transfer of shares, and the complainant failed to establish a legally enforceable debt or liability. ... The complainant and his son were the 1st Party, whereas the accused and his wife were the 2nd Party in the said #HL_ST....
2024 Supreme(Online)(AP) 12958 • India - High Court of Andhra Pradesh
Dr. V.R.K. Krupa Sagar, J
Specific Relief Act, 1963 which reads as below: Contract to sell or let property by one who has no title, not specifically enforceable. ... Facts and law are in favour of the purchaser and the learned trial court rightly decreed it in favour of the purchaser. Therefore, this point is answered against the appellants. POINT No.2 and 3 15. ... The vendor signed and executed Ex.A1 agreement for sale in favour of the purchaser for a total sale consideration of Rs.22,38,000/-. Under this Ex.A1, vendors acknow....
2025 0 Supreme(Jhk) 716 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anubha Rawat Choudhary
sale was valid following evidence of a family partition which designated the plaintiff's contract as enforceable against defendant ... the prior agreement or the lease status of the plaintiff. ... (Paras 4-6) ... ... Findings of Court: ... The appellate court concluded that the agreement for ... It was asserted that the alleged agreement for sale of the plaintiff was not enforceable and was a void contract. It was asserted that the plaintiff was not entitled to get any equitable relief. ... Gupta ear....
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