Adverse possession -- Co-heir - Possession of one co-heir is presumed to be on the basis of joint title - The co-heir in possession cannot render his possession adverse to the other co-heir not in possession, merely by any secret hostile animums on his own part in derogation of the other co-heir's title - As between co-heirs there must be evidence of open assertion of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Raising construction - Plaintiff himself raised construction on the joint property - Held, there is no equity in his favour to challenge the construction to be raised by other co-owner who has been given exclusive possession under a sale deed...........
Hindu Law -- Joint Hindu Family - Possession - There is commonness of interest and unity of possession amongst all members of joint family - Mere fact that one of the coparcener is not in joint possession does not mean that he has been ousted...........
Registration Act, 1908, Section 17(1)(b) -- Partition or family arrangement or settlement - Some of the coparceners excluded from the joint family property - Shows that it is not partition deed - Though there is division of shares as there was dispute over possession and intention was to inform the Revenue Authorities for effecting mutation and to bury the dispute as such..........
Co-owner -- A co-sharer asserts joint title and possession even, where other co-sharers/joint owners are in separate possession of different parcels of land and as a natural consequences, a co-sharer in possession of a specific area of joint property possesses the property for and on behalf of all other co-sahrers/joint owners...........
Co-owner -- Separate possession - For purpose of better management co-owners often hold separate possession of joint land but this separation of possession, without a corresponding intent, to sever the joint status of the joint owners do not confer a right upon a co-sharer in separate possession to assert his separate ownership - A joint owner is owner of a specific share..........
Co-owner -- Alienation - Co-owner has an inherent right to alienate his share in the joint property with such rights as vest in him - A vendee thereof receives the property with all rights and liabilities which vested in his vendor, namely, a right to assert a community of interest (ownership) and a commonality of possession in the entire joint estate and along with the..........
Co-owner -- 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 entire joint property does not necessarily amount to ouster as the possession of one..........
Revenue entries -- Reflect the rights of the parties as opposed to conferring rights and raise rebuttable presumptions as to their correctness - They reflect an existing state of affairs, namely, an existing tile or a state of possession - Entries in revenue records neither confer nor deprive a person of his title, whether joint or separate...........
Hindu Succession Act, 1956, Section 14 -- Coparcenary property - Where a coparcener takes definite share in the property, he is owner of that share and as such he can alienate the same by sale or mortgage in the same manner as he can dispose of his separate property - Purchaser of a coparcener's undivided interest in joint family property is not entitled to possession of..........
