Hindu Law -- Coparcener - Partition - A coparcener, subject to local customary laws, can claim partition of his ancestral property from his father...........
Hindu Law -- Coparcenary property - Hindu Undivided family property - Right of female member of HUF to claim partition - A sole surviving male coparcener can constitute a HUF with a female member of the family but by virtue of her being a member of HUF that female does not become coparcener - The female can be a member of HUF but not of coparcenary - She does not have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition and separate possession - Amendment sought to include certain items of joint family lands inadvertently not included earlier - Trial Court rejected application - Not proper - Amendment allowed...........
Easement Act, 1882, Section 13 -- Easement of necessity - Joint owners - Property partitioned - No evidence that plaintiffs had been making use of any part of property as a passage to go to their fields - Not a case where plaintiffs had an earlier right to pass through land of defendants - Plaintiff unable to substantiate their case in terms of clause (e) i.e. if an..........
Hindu Law -- Mitakshara Law - Females are not coparceners - On partition mother is entitled to a share equal to that of a son and to hold that share separately even from her husband...........
Hindu Law -- Coparcenary property - Partition - All the heads of the branches, females who are entitled to a share are entitled to represent at the time of partition or in other words are necessary parties in a suit...........
Hindu Law -- Coparcenary property - Partition - In the absence of necessary parties to the partition proceedings the partition of coparcenary property cannot be given effect to - All the members entitled to a share must be represented either expressly or impliedly in partition proceedings - May be in a private partition or partition through Court...........
Hindu Law -- Coparcenary property - Date of family settlement not disclosed in the previous suit - Member of the coparcenary property was not even impleaded as a party to the suit wherein it was alleged that in the family settlement the property detailed therein fell to his share on partition - Lower appellate Court rightly held that the decree in the previous suit will..........
Co-sharers -- Inter se rights and liabilities - AIR 1961 Punjab 528 followed therein held:(1) A co - owner has an interest in the whole property and also in every parcel of it (2) Possession of joint property by one co - owner is in the eye of law, possession of all even if all but one are actually out of possession.(3) A mere occupation of a larger portion or even of an..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Final decree - No prohibition in passing any number of final decrees...........
