Registration Act, 1908, Section 49, Evidence Act, 1872, Section 91 -- Arbitration award passed partitioning joint family property among co-parceners pursuant to an agreement between them - Award Is not admissible In evidence for want of registration - Evidence In proof of terms of such award - Barred...........
Co-sharers -- Joint possession - Till the time partition takes place on one can claim to be exclusive possession...........
Hindu Succession Act, 1956, Section 4, 6, 8 -- Joint Family Property - Partition - On partition property derived by a Hindu constitutes his separate and individual property...........
Hindu Law -- Joint Family Property - A person acting as manager of the Joint Family is known as Karta - Karta is entitled to alienate property of the Joint Hindu Family for legal necessity and in the interest of minors...........
Hindu Succession Act, 1956, Section 30 -- Gift of joint family property by a coparcener is void...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction against a co-sharer - A co-sharer can be retrained from making construction over joint property if he is doing so the detriment of the interest of the other co-sharers...........
Limitation Act, 1963, Article 110 -- Suit by a person excluded from joint family property, to enforce a right to share therein - Limitation is twelve years - Limitation commences when the exclusion becomes known to the plaintiff...........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction against co-owner from raising construction over joint land - permitting co-owner to continue and complete construction on condition that he will demolish it if ultimately found that he has no right to make construction or that he has exceeded his right in making the construction - Not appropriate...........
Partition -- Deori Kalan was left joint property of all the branches of the joint family for the purpose of ingress and egress to their respective parties - Change in circumstances - There is no bar in law that the property which was kept joint of the parties cannot be subsequently partitioned...........
Civil Procedure Code, 1908, Section 11 -- Res Judicata-Earlier'X' filed suit claiming title through his father, who was `Karta' of the family-Suit decided - Subsequent suit filed by `X' when property was still joint claiming title - Barred by res judicata...........
