Showing : 11-20 of 98 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9)-- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by defendant No.1 and his brother,..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Co-sharer-- Partial partition - Suit for partial partition in absence of other co-sharers is not warranted in law...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, Transfer of Property Act, 1882, Section 118-- Suit for declaration that exchange of property between father of plaintiff with his brother is invalid - Maintainability - Property acquired by father of plaintiff in partition although is separate property qua other relations, but it is coparcenary property insofar as his sons and grandsons are..........
DELHI HIGH COURT
Year of decision: 2018
Details
Suits Valuation Act, 1887-- Plaintiff claiming share in property left by his mother - Defendants, other sons and daughters, took plea that their mother executed Will in their favour while divesting plaintiff from suit property - Plaintiff clearly knew of execution of Will after demise of his mother but remained reluctant in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition suit-- Agreement to sell in favour of intending purchasers - Appellants being intending purchasers claiming interest in suit land from original holders of suit land - However, original holders have no subsisting right, title and interest in suit land, as whatever rights, title and interest they had, same..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 15, Rule 5(As-- Striking off defence - Default in payment of rent - Plaintiffs are husband and wife who jointly purchased disputed shop and inducted defendants as tenant - Arrears of rent not paid by defendants, as they claimed that plaintiff no.2 sold half of suit property to defendant no.2 - Sale deed regarding..........
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..........

Showing : 11-20 of 98 Results