Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for partition - Impleadment sought on the basis of Will executed in favour of applicant - Order allowing application, upheld...........
Hindu Law -- Joint Family Property - Death of father - Leaving behind only minor daughters and their mother - Held, where father dies leaving behind only minor daughters and their mother as natural guardian, share of daughters became definite - Question of family partition retaining character of joint Hindu Family property does not exist...........
Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Compromise - Estoppel - Compromise and subsequent conduct of respondent spread over about 38 years has made appellant to believe that latter is absolute owner of suit property - Appellant enjoyed property as its absolute owner effecting mutation, paying revenue and making..........
Partition -- Status of parties - Held, among co-owners there is no distinction between plaintiff and defendant in a suit for partition...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Holdings have been divided by mutual consent and co-sharers put in possession of specific shares - No wrongful loss has been caused to the complainant, as he has sold his share much prior to partition deed - Held, prosecution motivated by malice and complaint has been filed to abuse the judicial process - FIR..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for compensation of acquisition of plot - Subsequent suit for partition of the entire property - Held, relief claimed in previous suit will not effect the proceedings of subsequent suit - Moreover, petitioner is not seeking stay of the proceedings of subsequent suit but earlier suit which is..........
Family settlement - - Oral partition - There is no prohibition under law for members of a family to partition the property orally - Partition does not result in transfer within the definition of `transfer' under Transfer of Property Act and it is specifically excluded - Therefore, oral adjustment of rights through partition does not require to be written at all...........
Family settlement - - Partition - If a partition is brought about through an instrument which contains the bargain between parties, it is required to be written on appropriate stamp papers and duly registered - On the other hand, if partition is oral and a list is prepared as a fait accompli, then such an instrument, which is in the nature of an acknowledgement of an oral..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10, Family Courts Act, 1984, Section 7 - - Impleadment of a party - Petition filed by wife against husband in Family Court for partition and separate possession - Daughter seeking impleadment by claiming that gift deed has been executed in her favour by her mother - Held, since dispute is between husband and wife as..........
Civil Procedure Code, 1908, Section 47 -- Execution - Inexecutability - Judgment debtor purchased property from one of the decree holders - Judgment debtor is bound to surrender possession of property in respect of which decree has been passed and it would be left to him to work out his remedy for partition - Judgment debtor cannot compel decree holder to avail remedy of..........
