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Results of memorandum of partition

Showing : 1-10 of 28 Results

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Partition - Partition list or memorandum of settlement recording past oral transaction - Does not require registration...........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........

DELHI HIGH COURT

Year of decision: 2017
Details

Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Partition suit -- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective parties - Said fact has also been recorded in revenue record -..........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Memorandum of partition -- Genuineness - Parties acted upon memorandum of partition - Genuineness of memorandum of partition was rightly not questioned by Lower Appellant Court - High Court was not correct in questioning it, particularly when plaintiffs had filed partition suit after more than 25 years of said understanding - Said document rightly accepted by lower..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2014
Details

Stamp Act, 1899, Section 2(15) -- Memorandum of partition - Details of all the properties which have been divided and taken possession has been given in Memorandum of partition - Once possession was taken by all the co-sharers they seized to be co-owners of properties - The fact that no date and time has been mentioned will not render this Memorandum of Partition as..........

RAJASTHAN HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to whether unregistered document was admissible in evidence and whether it was partition or mere memorandum of partition, require evidence for its decision and cannot be decided as preliminary issue...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Indian Penal Code, 1860, Section 467, 468, 471, 120B, 63, 64 -- and 196, Evidence Act, 1872, - Forgery - Memorandum of partition alleged to be forged and fabricated document - Photo copies in absence of non production of original is not admissible in evidence...........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 32, Rule 2 -- Minor or person of unsound mind - Appointment of Guardian - Appellants categorically admits that shares which have been granted by Courts below to plaintiffs/respondents in partition suit are quite correct - Their only argument is that plaintiff No.2 was of unsound mind hence lower appellate court should have either dismissed..........

Showing : 1-10 of 28 Results