Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31 -- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
Joint Family Property -- Sisters giving the property to their brother by taking Rs.one only - Partition deed was reduced into writing - Consideration in such type of cases is love and affection, peace and harmony - Partition deed is per se not a void document - Validity of partition deed has not been challenged - Partition deed validly executed...........
Registration Act, 1908, Section 17 -- Deed of partition entered into by way of family arrangement - Registration of deed is not required...........
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31 -- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........
Will -- Postponement of date of vesting of legacy - Testator gave 50% of the dwelling house to the brother and 50% to her sister and after the death of sister said brother was entitled to occupy the house absolutely - Thus only life interest was created in favour of sister - Suit of partition was maintainable by her but interest of the sister was confined to life interest..........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Land Revenue Act, 1887, Section 20, 21, 22 -- Exparte decree - Setting side - Suit for partition - Defendant residing in USA for the last more than 25 years - Defendant was never served with any notice although plaintiff had full knowledge of his correct address - Application U.O.9.R.13 CPC to set aside exparte decree -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Joint Family Properties - Suit for partition - Whole of properties not included - Second suit for partition of left out properties - Not barred U.O.2.R.2 CPC. - A portion of the joint property when excluded from partition by mistake, accident or fraud then such property remains to be the joint property of the family and it..........
Hindu Succession Act, 1956, Section 14 -- Coparcenary property - Where a coparcener takes definite share in the property, he is owner of that share and as such he can alienate the same by sale or mortgage in the same manner as he can dispose of his separate property - Purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of..........
Hindu Law -- Coparcenary property - Plaintiff/daughter of pre-deceased son of deceased father, claiming 1/3rd share in joint family property which was held by deceased in joint with his 4 sons - Plea of plaintiff that there was no partition - Since father of plaintiff pre-deceased his father that too before 1956, Hindu Succession Act shall not be applicable - Instant case..........
Specific Relief Act, 1963, Section 21, 22 -- Reliefs that can be granted under Ss.21 & 22 of the Act are different in nature - Power to award 'compensation' u/s 21 and the power to grant 'any other relief to which the plaintiff may be entitled' u/s 22 of the Act are independent and they operate in a different sphere - Under S.21 of the Act Court can award compensation in a..........
