Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Civil Procedure Code, 1908, Section 97 -- Objections to preliminary decree - Where a party aggrieved by a preliminary decree in partition suit fails to make an appeal, he is precluded from disputing its correctness in any appeal preferred against final decree...........
Hindu Law -- Hindu Co-parcenary Property - Partition - Presumption - Once a partition in the sense of division of right, title or status is proved or admitted, all joint property would be presumed to have been partitioned or divided - Consequently, the burden of proof that certain property was excluded from the partition would be on the party that alleges the same to be..........
Hindu Law -- Hindu Co-parcenary Property - Partition effected by family arrangement - Parties took possession of their respective shares and was enjoying the same, even their names were mutated to revenue records - Held, trial court rightly held that plaintiffs are estopped from challenging the existence and validity of partition...........
Hindu law -- Ancestral property - Partition - Once property is partitioned amongst coparceners i.e sons and father, it does not remain ancestral coparcenary property and it becomes separate property...........
Agreement to sell -- Specific performance - Co-owners - A co-owner can alienate his share in the joint land and can even give possession of the same - However, it is subject to partition amongst co-owners...........
Partition suit -- Opposed on basis of Will executed by owner of suit property - Will more than 30 years old - No attesting witnesses examined - Assuming if persons who figured as attestor are not alive, defendant was under obligation to comply with S.69 of Evidence Act but it was not done by defendant - Will, held, not proved as required under law - Suit property directed..........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Hindu Succession Act, 1956, Section 14(1) -- Transfer of suit land by widow by registered sale deed - Widow was successor-i, interest of suit land which came to share of her husband in family partition and as such was absolute owner of suit land - Decree for declaration and possession of suit land in favour of appellant was rightly passed which could not be interfered by..........
Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of withdrawal of earlier suit filed by father of plaintiffs and..........
