Hindu Law -- Partial partition - Partial partition is prohibited for a good reason as partition has effect of breaking up a joint Hindu family - If such a family is disrupted, it stands to reason that family should break up completely and whole family property should be divided...........
Partition -- Partial partition - Rule against partial partition is only one of equity and convenience - It is better to limit rule in its application to properties over which parties have community of interest and unity of possession - If partial partition can be had without inconvenience to the other sharers and if it will not stand in the way of equities being adjusted,..........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 34, 35 -- Unregistered partition deed - Admissibility - Once a document is admitted in evidence without objection, it is not open either to trial Court itself or to a Court of Appeal or revision to go behind that order - Same cannot be excluded from the purview of consideration...........
Co-sharers -- Sale of specific portion of land - No co-sharer recorded to be in possession of any specific portion of joint land - Partition between co-sharers not taken place - Sale of even specific portion of land would amount to sale of only a share in the joint land - As vendors were not in exclusive possession of any portion of the joint land, they could not deliver..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Suit filed by taking plea that earlier oral partition between parties was denied by the defendant - Plaint cannot be rejected in view of the denial of plaintiff's statement made in the plaint that oral partition was denied by the defendants and that prompted plaintiff to file the..........
Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........
Hindu Law -- Partition - Disposition of property received in partition by father before Maharashtra Amendment of 1994 to S.6 of Hindu Succession Act - Property received by father after partition in 1978 amounts to his separate property and he has absolute right to deal with such property, as coparcenary nature of property has ceased to continue upon partition of properties..........
Co-owner -- If co-owners are in possession of separate parcels of land after an arrangement consented to by all the owners, it is not open for any one to disturb said arrangement except by way of filing suit for partition...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file afresh suit - Partition suit - One of property left out - Left out property came to knowledge of plaintiff after filing of suit - Suit for partial partition will fail - Liberty granted to institute fresh suit on same cause of action...........
Hindu Succession Act, 1956, Section 8 -- Inheritance - Partition suit - Suit properties devolved upon defendant No.1/father of plaintiff through Will and oral partition during lifetime of grandfather of plaintiff - Same should be treated as only separate properties - Question of inheritance u/s 8 of the Act by sons of defendant No.1 including plaintiff during life time of..........
