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Results of joint family property partition

Showing : 51-60 of 183 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Specific Relief Act, 1963, Section 37, 38 -- Injunction - Co-owner can seek injunction against other co-sharer viz-a-viz change of nature of land - Since the property in question is joint and defendant failed to prove the family settlement as alleged by him, injunction rightly granted against defendant - Remedy if any for defendant was to seek partition...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Partition -- Joint family property - Possession and cultivation of item No.3 was by family, however, patta was granted in the name of defendant for the benefit of entire family - Since, there was no division of status among defendants and plaintiffs, thus, they all are entitled to equal shares in item No.3 to the extent of 1.5th share each...........

DELHI HIGH COURT

Year of decision: 2016
Details

Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........

HYDERABAD HIGH COURT

Year of decision: 2016
Details

Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Partition suit -- Joint Hindu Family property - Plea of limitation - Where properties were joint Hindu Family properties and defendant No.3 claiming some share in the properties on the basis of adoption, which is void, he could not defend the matter by saying that suit was not within limitation from the date of adoption - Suit, held, not barred by limitation...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Partition suit -- Joint Hindu Family property - Defendants contended that partition of suit property was already affected and defendant No.3 has a share on the basis of adoption by plaintiff No.1 - However, said adoption deed is void - Even said partition as alleged by defendants is also not proved on record - On the contrary plaintiff proved on record their share in suit..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Hindu Law -- Joint family property - Partition - Father died in 1973 leaving behind his widow and four sons - Ancestral property in the hands of father and other coparceners, devolved by succession u/s 8 of Hindu Succession Act and thus, ceased to be joint family property on the death of father - Widow and other co-parceners held the property as tenants in common and not..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Entire claim of plaintiff in the suit property is in contravention of provisions of Hindu Succession Act - Grand father of plaintiff being sole and absolute owner of property, died after coming into force of Hindu Succession Act - Property in..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 4 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Hindu undivided family property - Where a person claiming share in joint family, detailed facts as required U.O.6.R.4 CPC has to be specifically pleaded as to how and in what manner an HUF and each separate..........

PATNA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........

Showing : 51-60 of 183 Results