Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, Section 10(2)(i), 10(2)(ii) -- Eviction petition - In said petition, partition deed was filed - Perusal of order passed by Rent Controller would go to show that R.C.O.P itself has been filed for eviction and in said petition partition deed was marked - Since rights of party has been given effect to in said document..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and permanent injunction - Concurrent findings recorded by both the Courts below that plaintiffs failed to prove partition and possession over suit property, which is a finding of fact based on evidence available on record - Said findings neither perverse..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Claim made by petitioner herein was negatived in earlier litigations - Petitioner is yet to establish his right - Presence of petitioner is not at all necessary for effective adjudication in inter se dispute between respondents family members - He is thus, not necessary party -..........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from trespassing into suit property and also from creating any new pathway across land - Partition took place between parties and both are in enjoyment and possession of their respective shares - As per partition deed both the parties can use the ridges situated in another sharer to..........
