Showing : 1-10 of 127 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6-- Co-parcenary property - Wife of a co-parcenar though cannot seek partition in family, but at the time of partition, her share equivalent to that of son or daughter would have to be carved out...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
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..........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Although, co-sharer cannot put a vendee in possession without there being any physical formal partition of an undivided landed property, yet such a co-sharer definitely has a right to transfer his undivided share...........
GUJARAT HIGH COURT
Year of decision: 2019
Details
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Purchaser of a coparcenar's undivided share in joint family property is not entitled to possession of what he had purchased - But he has a right to sue for partition of property and ask for allotment of his share in suit property...........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion..........
CHHATTISGARH HIGH COURT
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6(as- - Partition - Right of daughter - Father (co-parcenar) died before commencement of Amendment in S.6 of the Act - On the date of death of father, co-parcenary consisted of father and his son - Notional partition between father and son is thus, required for passing an effective decree of partition in..........
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..........

Showing : 1-10 of 127 Results