Showing : 31-40 of 104 Results

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..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Transfer of Property Act, 1882, Section 123, 52-- Gift deed - Execution during pendency of partition suit - Execution of gift deed of joint family property without giving physical possession to donee, is not valid as same is not acted upon by parties...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
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: 2012
Details
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18-- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that..........
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...........

Showing : 31-40 of 104 Results