Showing : 1-10 of 1429 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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
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..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6-- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition suit set..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1)-- Property of senior citizen - Word "transfer of property" by way of gift or otherwise, would not include partition, as it is not a transfer...........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
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..........
KARNATAKA HIGH COURT
Year of decision: 2019
Details
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..........

Showing : 1-10 of 1429 Results