Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Suit filed in the year 1995 - Amended S.6 of the Act is retrospective in operation - Daughter thus, had a right over properties and had a cause of action to claim share in the properties...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Can be varied in final decree proceedings at the request of party, where law governing the parties has been amended before conclusion of final decree proceedings...........
Partition suit -- Settlement deed in a partition suit without any written consent of all the parties is unlawful - Therefore, decree by consent amongst only some of parties cannot be maintained...........
Civil Procedure Code, 1908, Section 10 -- Stay of partition suit - Scope of both partition suit and probate proceedings are different - S.10 CPC apply only if there is identity of the matter in issue in both the suits - Even, a probate petition is not a suit u/s 10 CPC and both partition suit and probate proceedings can proceed - Partition suit cannot be stayed - Both the..........
Will -- Proof of - Both the attesting witness of Will had died - Two sons of testator deposed about their presence when will was signed by him - They also identified signatures of person who drew and signed Will - Even, partition deed also relied upon by trial Court in which shares in accordance with terms of Will were distributed - This document was registered - Will in..........
Registration Act, 1908, Section 17(2)(vi), Maharashtra Stamp Act, 1958, Section 46 -- Proviso - Registration - Compromise decree effectuating partition of an agricultural land does not require compulsory registration in view of S.17(2)(vi) of the Act and it would also not require payment of stamp duty on valuation of property, but would be governed by S.46 Proviso (b), (c)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Partition -- Joint Family Property - Plaintiff failed to discharge the initial burden that property acquired jointly by defendant no.1 and his brother - Though property is purchased in the joint name but plaintiff failed to prove that there was any nucleus which yield such income to acquire property - Property in question is self acquired property of defendant no.1 - Suit..........
Hindu Succession Act, 1956, Section 2(2) -- Tribal woman - Applicability of the Act - Partition suit - There is no whisper about custom or practice in the community in which parties are living - In absence of any such proof, trial Court rightly concluded that parties to suit are to be construed as Hindus for the purpose of application of the Act and granted relief of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
