Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Limitation Act, 1963, Article 109 -- Limitation - Partition suit filed by plaintiff on attaining majority by invoking Art.109 of the Act, without getting sale deed executed by his father, set aside is not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Partition suit - Issue of limitation is a mixed question of law and facts and therefore, same is required to be considered after looking into the evidence that could be adduced by parties in a full dressed trial - Suit for primary relief of partition and separate possession..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include prayer for cancellation of sale deed and for inclusion of some new properties - It is not clear from material on record as to whether plaintiff was aware of her right over property transferred through sale deed by defendant but remained inactive to challenge..........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Where a property is transferred subject to a condition or limitation absolutely restraining the transferee or persons claiming under him from parting with or disposing of interest in property except in case of lease, such condition or limitation should be treated as void...........
Transfer of Property Act, 1882, Section 123, 52 -- Gift deed - Execution during pendency of partition suit - Gift deed executed during pendency of proceedings and before expiry of period of limitation for filing SLP, is not valid as it is hit by S.52 of T.P.Act - Moreover, suit property is joint family property and even otherwise same cannot be acted upon by parties as..........
Transfer of Property Act, 1882, Section 10 -- Condition restraining sale - Partition deed - S.10 of Act does not apply in the case of partition - However, it cannot be said that any condition or limitation absolutely restraining the sharers in a partition deed from parting with or disposing of their rights in the properties will be valid - As though the S.10 of Act may not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
