Family Courts Act, 1984 -- Suit property already divided between ancestors of parties - This fact is not denied by defendant - There was thus, no question that father of plaintiff being co-owner of property when the sale deed in question was executed in favour of father of defendants after partition of property - Mere recital in the sale deed as to execution of sale deed..........
Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Evidence Act, 1872, Section 118 -- Power of attorney holder - Registered sale deed 30 years old - Proof of - Partition suit - PW1 attorney holder, deposed on the basis of registered sale deed, which shows that property purchase in the joint names of plaintiff and his brother - He has not deposed anything hearsay or personal - No evidence is adduced by defendant - Case of..........
Partition -- Suit for cancellation of sale deed - Jurisdiction - Since disputed property is admitted as agricultural land - Declaration of plot or recognition of ownership can be granted only by Revenue Court and not by Civil Court - Further, cancellation of sale deed is an ancillary relief to declaration of ownership - Hence, Civil Court has no jurisdiction...........
Partition -- Second appeal - Suit decreed by revenue court and declared plaintiff as exclusive owner of disputed agricultural property - Sale deed executed by defendant thereafter would automatically become ineffective as no one can pass better title than he himself possesses...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading a party - Subsequent vendees - Partition suit - Defendant sold out his part of suit property to vendees during pendency of suit - Vendees acquired right to participate in the suit as they have become co-sharers along with plaintiff and defendant - For proper..........
Co-owner -- Sale - Co-owners in exclusive possession of specific portion of joint property - Sale by co-sharers is valid since they were in exclusive possession of the same - However, sale is subject to determination of their share at the time of partition...........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale beyond share - Suit for permanent injunction - Remedy available is to seek declaration of sale deed as well as partition of the property - In the absence of declaration, Court cannot decide whether sale deed is beyond the share or not...........
Hindu Law -- Ancestral property - Alienation by father - Suit for cancellation of sale deed and for possession - Court cancelled sale deed with regard to half share and decree for possession granted in favour of plaintiffs - Defendants subsequently purchased the land in question from other co-sharer - Only manner in which an outsider can get possession is to sue for..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
