Showing : 21-30 of 88 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Partition -- Co-sharers, coparcener, co-owner or joint owner - Factors to be taken into consideration by Court while deciding the suit : (1) the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties,..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Limitation Act, 1963, Article 64, 65-- Adverse possession - Suit for partition - Suit properties are streedhana properties of deceased - According to custom only daughters succeed to streedhana properties exclusively - But sons of deceased came to be in continuous adverse possession for 50 years - Daughters lost their right to claim..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Hindu Marriage Act, 1955, Section 5-- Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Suit for partition-- Only those properties to which family has clear title has to be included - When property of somebody else is included and same is contested by third party, on being impleaded as a party, then onus is on plaintiff to prove that disputed property belongs to the joint family excluding someone who..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65-- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to file a suit..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 34, 5-- Ownership - Res judicata - By order of Land Tribunal dated 27.11.1976, right of defendant No.4 had been recognized as a tenant in respect of land in question - He was declared to be a tenant and he got right in respect of suit land - Said order has already become final - Defendant No.4 executed a..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 22, Rule 3-- Suit for partition of Joint Hindu Family property - Death of sole plaintiff - Right to sue survives - Legal representative of deceased plaintiff is entitled to continue the suit...........

Showing : 21-30 of 88 Results