Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
Transfer of Property Act, 1882, Section 106 -- Notice - Joint tenants - Single tenancy devolves on heirs of original tenant - There is no division of premises or of rent payable - Notice terminating tenancy u/s 106 of the Act, served on one of heirs of original tenant is capable of terminating tenancy inherited by joint tenants...........
Limitation Act, 1963, Article 65(b) -- Limitation - Suit for partition - Suit filed by sons and daughters(plaintiffs) of deceased, who was having right over suit property on the basis of inheritance made from her mother - Plaintiffs were in joint possession at time of institution of suit and it never became adverse - Defendants failed to establish the plea of ouster -..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition - Whether barred by O.2.R.2 CPC - Suit for partition with respect to joint property is based on continuing cause of action - Even though cause of action in instant suit is not as that in previous suit - Suit for partition not barred by O.2.R.2 CPC...........
Will -- Validity - Any Will executed in respect of entire joint family property is not valid in law...........
Hindu law -- Joint family property - Alienation by co-sharer - Undivided co-sharer has right to alienate properties, but alienee cannot seek joint possession - Remedy available to alienee is only to seek partition from other co-owners...........
Contempt of Courts Act, 1971, Section 11, 14 -- Conduct - High Court in interim order observed that "in the meanwhile it is expected that Joint Commissioner of Police, Anti Corruption Branch will work in accordance in law" - Subsequently writ petition was dismissed - It is not necessary for High Court to go into correctness of allegations in contempt case and to return..........
Hindu Women's Right to Property Act, 1937, Section 3(2) -- Joint Family Property - Death of Karta - Widow of Karta became entitled to a share in joint Family property - However, share of widow would remain undetermined till such time there is partition in the family...........
Joint Family Property -- Death of Karta - Though at the time of death of Karta his son had no male issue, however, joint family in question can be understood to have continued with his son as Karta and property continued to belong to joint family...........
Hindu Succession Act, 1956, Section 6 -- Joint Family Property - Death of Karta in 1961 - Notional partition just before the death of Karta would have to be presumed, following the provisions of S.6 of the Act - Share of widow of a Karta also recognized by notional partition - After the death of Karta his share would devolve by intestate succession in the absence of Will...........
