Partition suit -- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami transactions - Suit properties except item nos.1 and 3 (which..........
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 the property which comes in the..........
Joint Family Property -- Partition suit - Properties were obtained by father of plaintiff not from his direct male ancestors but from his mother's sister's husband - Suit properties were self acquired properties of father of parties pursuant to settlement deed - High Court thus, committed error in holding that there was blending of suit properties with joint family..........
Evidence Act, 1872, Section 101 -- Burden of proof - Joint family - Partition suit - Initial burden of proving that plaintiff and defendants constituted joint family was on plaintiff - Mere admission that plaintiff was son of defendant no.1 does not lead to presumption that he himself and defendants constituted joint family and were members of joint family...........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Plaintiff filed suit in the year 1989 claiming that he is adopted son of one `M' and acquires six properties and decree in said suit - After 19 years, by way of rejoinder in the suit, he takes a total `U' turn to deny that he pleaded adoption in said case - Plaintiff gives evidence before Court..........
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...........
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...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
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 perversely, capriciously or in..........
