Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
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...........
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...........
Co-owner -- Every co-owner has ownership of entire property which in absence of any partition must be understood to extend to every inch of property...........
Co-owner -- Suit for eviction - Concept of co-ownership - In absence of any partition, would militate against maintainability of suit for eviction against a tenant, where tenant is admittedly in possession of property which is owned by co-owner who objects to the eviction...........
Partition -- Partial partition - Not impermissible in all events - Suit for partial partition is recognized under some of the circumstances, viz. (i) where different portions of family property are situated in different districts, separate suits for partition for lands of each district may be brought; (ii) it may be allowed when portion of joint property at the time of the..........
Partition -- Partial partition - If the property is not joint family property and parties are not coparceners but are only co-owners or tenants-i, common, rule of partition is not so rigid and even partial partition can be allowed if there is not much inconvenience to other sharers...........
Partition -- Partial partition - Normally when a partition is sought through intervention of Court, general rule is that entire joint property owned by co-owners, whether as joint tenants or tenants-i, common, must be brought into hotchpot for division by Court...........
Partition -- Partial partition - Plaint in a suit for partition must embrace only such property in which plaintiff has community of interest and unity of possession - Where a purchaser acquires an interest in the coparcenary property, transfer really effects a severance of joint status in respect of the property transferred and he becomes a tenant-i, common in respect of..........
