Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Hindu Succession Act, 1956, Section 15, 16 -- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by plaintiff in support of the same..........
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..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Initial suit was merely seeking relief of declaration of right, partition and injunction in respect of jointly owned family property, challenging relinquishment deed on ground of alleged fraud played by respondents herein - Defendant contested suit on ground that he was given in adoption - Plaintiff..........
Hindu Law -- Joint Family Property - Oral relinquishment of share - A co-parcener or a sharer in joint family property can surrender his share orally at the time of partition - However, surrender of self acquired property is invalid...........
Partition -- Co-owner - Joint family property - Family settlement - Relinquishment of rights in property to take effect in future on payment of amount - Amount not paid - One of the co-sharers not signatory of the family settlement - Suit for partition - Resisted on the plea of family settlement - By purpored deed of family settlement, co-owners had not partition the joint..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition and cancellation of relinquishment deed - Earlier suit was for injunction against dispossession and against mutation - Plea in earlier suit that defendant had not fulfilled her part of agreement leading to relinquishment - Same cause of action in both suits - Pleadings also identical - Plaintiff in previous..........
Hindu Law -- Partition - Relinquishment of share in joint family property - Relinquishment deed is effective as regards joint family properties, but not separate properties, which could be done only by conveyance - Relinquishment deed can be either for consideration or for no consideration...........
