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Results of partition between brothers

Showing : 1-10 of 29 Results

BOMBAY HIGH COURT

Year of decision: 2018
Details

Partition -- Prior partition between parties - Suit properties were already partitioned amongst legal heirs - Father of respondent No.1 already applied to Revenue authorities stating that his sons are living separately and therefore to enter their names of suit properties - Moreover, factum of prior partition also proved from the criminal proceedings in which respondent..........

DELHI HIGH COURT

Year of decision: 2018
Details

Hindu Succession Act, 1956, Section 23, 6(u -- Dwelling house - Hindu Undivided Family Property - Partition sought by daughter - Plaintiff was not coparcener on the date when her father passed away - Upon death of her father, u/s 6 of the Act, notional partition of his share in HUF takes place - To the extent property is nationally partitioned, plaintiff being daughter..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2018
Details

Hindu Law -- Self acquired property - Father got his share of property in a partition from among his brothers - It is not coparcenary property, but is a separate property and if that becomes his separate property, property under Item.3 purchased from income derived from property which he got in partition, also becomes separate property - Said property is thus, not governed..........

CHHATTISGARH HIGH COURT

Year of decision: 2018
Details

Registration Act, 1908, Section 17 -- Registration - Partition deed - When four out of three brothers deposed in Court that they had partitioned a joint family property amongst themselves, law does not require that it should be proved only by a registered document and not otherwise...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........

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..........

MADRAS HIGH COURT

Year of decision: 2016
Details

Partition suit -- Plea of Benami Transaction - Defendant failed to prove that suit properties were purchased Benami - Admittedly, suit properties were purchased jointly in name of plaintiff and defendant No.1, who are brothers - Moreover, defendant No.1 failed to prove his source for mobilizing funds - Reason for buying property jointly in name of plaintiff and defendant..........

PATNA HIGH COURT

Year of decision: 2016
Details

Partition -- Parties residing separately since more than 70 years, mess is separate, residence is separate, properties are acquired separately - Even, parties are recorded separately in revenue records of rights - Moreover, presumption of jointness in favour of plaintiff is very weak as he is 4th generation from the founder, who himself admitted separation between the five..........

BOMBAY HIGH COURT

Year of decision: 2015
Details

Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers, held, entitled to half share in suit properties - Preliminary..........

PATNA HIGH COURT

Year of decision: 2014
Details

Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........

Showing : 1-10 of 29 Results