Showing : 11-20 of 92 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - It is not possible to give effect to partition decree without sketch map of suit scheduled property...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition-- Sketch map of suit property - Plaintiff sought partition of suit property in terms of plan produced by him - As such, plaintiff cannot be permitted to say that map produced was not the map filed by him - Court at the time of passing decree should have made said map as a part of decree so that..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Registration Act, 1908, Section 17, 49-- U, registered document - Admissibility - Partition suit - An unregistered document can be relied upon in partition suit for collateral purpose i.e severancy of title, nature of possession of various shares but not for primary purpose i.e division of joint properties by metes and bounds...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 6(as-- Coparcenary property - Partition suit - Right of daughters - Suit filed in 2002 - However, during pendency of suit, S.6 of the Act amended, as decree passed in the year 2007 - Rights of daughters got crystallized in the year 2005 - Since deceased died leaving behind two sons, two daughters and a..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Agricultural land - Plaintiff claims to be owner of suit property on the basis of oral partition which took place between ancestors of parties - Defendants admitted said oral partition in family and its implementation - However, defendants failed to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Deceased had made the arrangement with regard to his property during his lifetime - Said arrangements had been subsequently recorded in Memorandum of partition, which was duly acted upon by revenue authorities - Suit property which had been divided by deceased was in occupation of respective..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Memorandum of partition-- Genuineness - Parties acted upon memorandum of partition - Genuineness of memorandum of partition was rightly not questioned by Lower Appellant Court - High Court was not correct in questioning it, particularly when plaintiffs had filed partition suit after more than 25 years of said understanding..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Defence of ouster - Ouster is a weak defence in a suit for partition of family property - It is strong if defendant is able to establish consistent and open assertion of denial of title, long and uninterrupted possession and exercise of right of exclusive ownership openly and to the knowledge of..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Partition suit-- Plea that plaintiff was dispossessed from property in the year 1957 - Since then defendant has been in exclusive possession and enjoyment of suit property paying property tax etc., with patta in his name - Held, with a view to putting an end to five decades old disputes between a sister and a..........

Showing : 11-20 of 92 Results