Showing : 471-480 of 1381 Results

SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Coparcenary property - Interpretation of - Coparcenary property means property which consists of ancestral property and coparcener would mean person who shares equally with others in inheritance in the estate of common ancestor - Property in the hands of sole coparcenor allotted to him in..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Hindu Succession Act, 1956, Section 6-- Devolution of coparcenary property - Coparcenar getting interest in ancestral property on partition - Alienated the same - Had no issue at the time of alienation of property - Subsequently son born to him - Son challenged the alienation - Sustainability - Held, son born subsequently cannot..........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Agreement to sell -- Specific performance - Undivided share of property of co-owners - S.12 of Specific Relief Act cannot be invoked by vendee to obtain sale of undivided share of co-owners with a right to force partition who were not parties to agreement of sale. (Specific Relief Act, 1963, S.12)...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 1-- Decree in partition suit - Judgment was written without hearing arguments - Held, it is in clear violation to O.20.R.1 CPC - Impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
MADHYA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1-- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Transfer of Property Act, 1882, Section 5-- Family settlement/partition - Held, even if some members of family were not present but if by their conduct or otherwise they have acquiesced to such family settlement same would be binding on all members...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Northern India Canal and Drainage Act, 1873, Section 30A, 30B, 30C-- Water course - Sanctioning of - Joint property - Respondent No.3 is co-owner with petitioner - Held, he cannot seek for sanctioning of water course over joint property without concurrence of petitioner who is co-owner - If concurrence is not obtained then it should only be after securing partition..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - Co-sharers - Restraining defendants from interfering in the possession of plaintiff - Without a suit for partition, injunction cannot be granted against a co-owner...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family - Partition - Can be given effect orally or in writing also...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Hindu Law -- Joint Hindu Family - Partition - Presumption under - Held, there is no presumption that any property was excluded from partition - Moreover, burden lies upon the person who alleges such exclusion...........

Showing : 471-480 of 1381 Results