Indian Penal Code, 1860, Section 447 -- Purchasers of an undivided share - Merely acquires a right to sue for partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Court has jurisdiction to amend shares suitably, even if preliminary decree is passed, if some member of family to whom an allotment was made in the preliminary decree dies thereafter - Validity of succession whether testate or intestate, or transfer can be considered at stage of final decree...........
Administration of Evacuee Property Act, 1950, Section 46, 7, 28 -- Property owned by Mohammedans who migrated to Pakistan at the time of partition - Property declared as evacuee property by custodian - Mutation also sanctioned in favour of custodian - Held, once property is declared as evacuee property, the jurisdiction of the Civil Court is barred to entertain suit for..........
Hindu Succession Act, 1956, Section 13 -- Suit for partition and separate possession - Failure of High Court in calculating share of plaintiff/wife of deceased son in the joint family properties - Decree of partition to be modified accordingly...........
Hindu Succession Act, 1956, Section 23 -- (After amendment) - Daughter - Dwelling house - Partition - After 9.9.2005 any female heir can seek for partition even in respect of a dwelling house - Subsequent event arising out of change in law is to be applied...........
Civil Procedure Code, 1908, Section 100, Order 39, Rule 2(A) -- Second appeal - Suit for injunction - Grant of - Challenge - As per documentary and oral evidence, there was family partition effected between the co-sharers with respect to the joint properties - Civil Court had jurisdiction over the subject matter of suit for injunction based upon undisputed title of the..........
Hindu Succession Act, 1956, Section 23 -- Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that Amendment Act 2005 cannot be..........
Hindu Succession Act, 1956, Section 23 -- (As omitted by Amendment Act, 2005) - Dwelling house - Hindu female has absolute right to seek partition wholly occupied by joint family - Right of a female heir in a property of her father, who has died intestate is equal to her brother...........
Hindu Succession Act, 1956, Section 23 -- (Prior to deletion) - Dwelling house - Right of female to seek partition - Death of Hindu male in 1996 - After deletion of S.23 in the year 2005 female heir has a right to seek partition of dwelling house by metes and bounds and maintain a suit for partition of dwelling house though Hindu male died in 1996 - Contention that..........
Hindu Succession Act, 1956, Section 23 -- (As omitted by Amendment Act, 2005) - Dwelling house - Hindu female has absolute right to seek partition wholly occupied by joint family - Right of a female heir in a property of her father, who has died intestate is equal to her brother...........
