Showing : 31-40 of 92 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Hindu Law-- Joint Family Property - Undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition suit - Court has jurisdiction to amend shares suitably, even if preliminary decree is passed, if some member of family to whom an allotment was made in the preliminary decree dies thereafter - Validity of succession whether testate or intestate, or transfer can be considered at stage of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Hindu Succession Act, 1956, Section 23-- Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Hindu Succession Act, 1956, Section 23-- (Prior to deletion) - Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Partition Act, 1893, Section 2, 3-- Partition - When a property is put to auction in a suit for partition, the provisions of the Partition Act shall apply...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Limitation Act, 1963, Article 59, Specific Relief Act, 1963, Section 31-- When a deed of partition is required to be set aside u/s 31 of Specific Relief Act then Article 59 of Limitation Act applies - Limitation to set aside the same is 3 years - Since suit was filed after 3 years as such the same is barred by limitation...........

Showing : 31-40 of 92 Results