Hindu Law -- Joint Family Property - Partition suit - Registered partition deed executed between parties in the year 2001 - However, plaintiff contended that said partition deed is contrary to interest of plaintiffs and same is obtained by fraud - There is no specific assertion as to materials regarding fraud other than nearly stating that mother of plaintiffs is unknown..........
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...........
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..........
Hindu Law -- Joint family property - Partition suit - Plaintiff failed to prove that suit property was purchased out of joint family fund and further failed to establish that prior to purchase of suit property there was a nucleus - Suit property is self acquired property of grandfather of plaintiff - Plaintiffs thus, failed to prove that suit property is joint family..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Partition suit -- Hindu Joint Family property - Dispute between adopted son and step sisters - Succession opened up admittedly prior to Hindu Succession Act - Daughter thus, would not be a coparcener at that time - She would not be a legal heir who would take simultaneously with son in view of notional existence of adopted son by virtue of doctrine of relation back -..........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void marriage - Partition suit - Plaintiffs have not disputed that defendant no.1(a) had married deceased during subsistence of marriage with plaintiff with deceased - Though marriage between defendant no.1(a) and deceased is hit by S.11 r/w S.5(i) of Hindu Marriage Act and it is a void marriage,..........
Partition -- Properties which had been given as dowry or otherwise at the time of marriage of daughter claiming a right of partition u/s 6 of Hindu Succession Act, would be amenable for partition and same would have to be included in a suit for partition...........
