Showing : 1-10 of 822 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6-- Right of daughter - Partition suit - Daughter cannot claim higher right than right of her father...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Hindu Succession Act, 1956, Section 6-- Right of daughter - Partition suit - Great grandfather of plaintiff died in 1965 and property devolved upon his two sons - They succeeded to ancestral property equally - Suit property partitioned in 1967, as a result property came to exclusive share of grandfather of plaintiff in his individual..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Partition -- Final decree - Appointment of Local Commissioner to partition the suit property according to preliminary decree - Appellant purchased some portion of suit land after passing of preliminary decree but before final decree - Sale hit by rule of lis pendence - Held, decree holder was not bound to give..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Succession Act, 1925, Section 263-- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 7, Rule 14(3)-- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition,..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Partition suit - Defendant can set up a counter claim even in a partition suit either against plaintiff or other defendants...........

Showing : 1-10 of 822 Results