Showing : 1-10 of 111 Results

CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Partition suit-- Alienation of undivided share by one of co-parcenar - Share of intervener/purchaser - Purchaser will get the property which comes in the share of his vendor/coparcener - Firstly, it will be partitioned between vendor and his three sons each will get 1/4th share - Since vendor/co-parcenar sold the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Joint property-- Purchases of undivided share - Subsequent purchaser in a joint khata steps into shoes of his or her vendor - He at the most becomes co-owner with existing co-sharers - If someone has purchased undivided share in joint khata, only remedy for him is to file a suit for partition and thereafter claim..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Injunction - Co-sharer - Agricultural land - Defendant intended to construct - Proposed construction would change nature of agricultural land to gair mumkin land - Even if same ultimately comes to share of plaintiff after partition by that time, land would have been converted into gair mumkin and..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 6-- Right of daughter and her mother - Partition - Daughter being co-parcenar by birth has right to sue for partition, as both son and daughter having conferred right of being co-parcenars by birth - Mother being legally wedded wife of co-parcenar also entitled to claim partition and separate..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Nomination-- Intestate succession - Suit for partition - Suit property acquired by original allottee, `G' by virtue of being a member of co-operative society - After death of `G' property transferred to his wife, being the nominee - No document to show by whom remaining instalments were paid - Even if..........
KERALA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23-- Gift deed - Cancellation - Gift deed executed by father and mother in favour of daughter reserving their right of residence till their life time - Father died - Mother and daughter now co-owners - Mother beaten brutally by daughter - Letting mother and daughter live together is not safe - Daughter..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a..........

Showing : 1-10 of 111 Results