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Results of partition

Showing : 1251-1260 of 1731 Results

KARNATAKA HIGH COURT

Year of decision: 2001
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Partition suit - Withdrawal of suit - In partition suit even defendants can seek separate possession of their share by paying necessary Court fee and in case of withdrawal of suit they can seek to transpose themselves as plaintiffs and continue suit - Where defendant has sought separate possession and paid necessary court..........

SUPREME COURT OF INDIA

Year of decision: 2001
Details

Limitation Act, 1963, Article 136 -- Partition decree - Execution - Limitation - Starts to run from the date of passing of final decree irrespective of when it is given on requisite stamp papers...........

KERALA HIGH COURT

Year of decision: 2001
Details

Transfer of Property Act, 1882, Section 10 -- Partition deed providing that if during the life time of father, the allottees wanted to dispose of their shares, they must do so with the consent of the father and with the junction of the father in the deed of sale - Restriction is not valid...........

BOMBAY HIGH COURT

Year of decision: 2001
Details

Easement Act, 1882, Section 13 -- Easement of necessity and quasi-easement - The easement of necessity cannot travel beyond what has been stated in S.13(a), (c) and (e) and must flow from the incident of transfer or bequeath or partition of immovable properties - By merely stating in plaint that suit way is the only available way and thus there is easement of necessity..........

KERALA HIGH COURT

Year of decision: 2001
Details

Civil Procedure Code, 1908, Section 2(2) -- Partition - Final decree proceedings - Property not feasible to partition by metes and bounds - Property ordered to be sold among the sharers and to divide the sale proceeds - Held, order amounts to decree and is appealable...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2001
Details

Evidence Act, 1872, Section 68 -- Proviso - Partition deed - Registered - Proof - Examination of an attesting witness not necessary to prove the execution of a document registered which is not required by law to be attested...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2001
Details

Hindu Law -- Partition - Re-opening - Principles governing (1) It can be re-opened if it is obtained by fraud, coercion, misrepresentation or undue influence (2) When there are minor coparceners it is binding on minors also if it is done in good faith and on bona fide manner keeping into account the interests of the minors (3) When there are minors and partition is unjust..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2001
Details

Partition -- Validity of partition deed - Suit for partition filed based on partition deed executed in favour of one of the brothers - Plaintiff admitting that it was obtained by fraud and misrepresentation and that the first defendant son was given suit property absolutely under the Will executed by father giving only life interest to his wife - Held, partition deed null..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2001
Details

Civil Procedure Code, 1908, Order 19, Rule 1 -- Partition suit - Petitioner impleaded at the time of passing of final decree claiming that his properties were included in the plaint schedule properties - Petitioner except stating that preliminary decree was obtained collusively not indicating as to how he is entitled to those properties - When asked to show prima facie..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2001
Details

Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Co-sharers - Sale by specific khasra numbers - A co-sharer can transfer the property of his share in his possession even by way of specific khasra numbers but that is still subject to partition - Vendee becomes only a co-sharer to that extent - If some valuable part of the land has been sold by a co-sharer, it is subject..........

Showing : 1251-1260 of 1731 Results