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Results of partition deed

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Showing : 51-60 of 258 Results

RAJASTHAN HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Defendant filed suit for partition against plaintiff and plaintiff filed a suit for cancellation of sale deed and to declare it null and void and for permanent injunction - Parties to suit are also different and nature of case is also different - Application filed by defendant for staying suit filed by..........

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 the property which comes in the..........

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 blending of suit properties with joint family..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit property allotted to the share of plaintiffs in partition of 1982 - Even compromise was entered into between plaintiff and defendant no.1 holding said share of plaintiff - By virtue of said compromise defendant no.1 is aware that suit property was allotted to share of plaintiffs and he had no..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Partition suit -- Without seeking cancellation of sale deed - Maintainability - Suit property transferred in the name of one of legal heir of original allottee/defendant No.1 as per Government order - Plaintiff/other legal heir not objected the said document at the time of allotment - Therefore, without avoiding such document, plaintiffs cannot seek mere partition - Suit..........

BOMBAY HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 17, 49 -- Registration - Document styled as partition deed - Partition of property in between one `R' and defendants No.1 & 2 - Defendant Nos.1 & 2 having no title in the property - It amounts to creating title in favour of such persons - Value of property at the time of executing of such document was more than Rs.100/- - Held, irrespective..........

MADRAS HIGH COURT

Year of decision: 2019
Details

Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........

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..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2019
Details

Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........

Showing : 51-60 of 258 Results