Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - Any partition effected through Revenue Courts in the agency areas of State of A.P and effected through award passed by Arbitrators (though before 20.12.2004), would not come within the purview of S.6(5) of the Act...........
Partition Act, 1893, Section 4 -- Partition suit - Defendant reconstructing house at his own cost - This does not defeat rights of plaintiff when property is jointly owned and possessed by the parties...........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Order 7, Rule 3 -- Partition suit - Necessity of filing site plan - When specific details are given in the plaint, there is no requirement, as such, of site plan...........
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..........
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...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus,..........
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...........
Hindu Law -- Co-parcenary property - When property is not divided, any male member born to the coparcener, by birth becomes coparcener along with his father and can claim share by filing partition...........
