Showing : 1-10 of 92 Results

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..........
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118-- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and grandsons are..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 97, Order 7, Rule 7-- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition suit-- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34, 17-- Jurisdiction of civil Court - Civil suit for partition - Not maintainable when proceedings under SARFAESI Act had been initiated - Remedy against initiating proceedings under SARFAESI Act lies u/s 17 which provides for an efficacious and adequate remedy to a party aggrieved - Impugned order..........

Showing : 1-10 of 92 Results