Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
Hindu Succession Act, 1956, Section 14(1) -- Property of female Hindu - Life interest given to woman under partition deed - Thereafter property will devolve upon by succession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Agreement to sell -- Specific performance - Co-owners - Execution of agreement by power of attorney holder - Validity - Defendant No.1/power of attorney holder lacked the authority to bind defendant Nos.6 to 8 in the agreement to sell, as GPA did not confer upon him the power to sell the property on behalf of his sisters at the time of agreement, having been impliedly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining Sub-Registrar from accepting documents pertaining to suit properties for registration till disposal of suit - Suit for declaration that Wills, release deed and Partition deeds are null and void - There are number of unanswered questions and suspicious maneuvering, the odds are clearly..........
Stamp Act, 1899, Section 2(15) -- Partition deed - Parties on an oral family settlement not only divided their shares but also taken possession of their respective shares by metes and bounds, then at the time of reducing writing the memorandum of settlement they ceased to be co-owners - Memorandum of settlement held, not treated as instrument which requires stamp duty as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Co-owners -- Co-owner - cannot be dispossessed by other co-owner on the basis of sale deed, unless the suit for partition is filed and share is carved out and separate possession is taken...........
Muslim Law -- Partition suit - Husband and wife have entered into a contract to put an end to marriage and accordingly marriage came to be dissolved - Husband as a part of bargain undertaken to give 1/4th share in subject property to wife - This cannot be run counter to Islamic law which mandates that women should be treated with love and affection - Wife held, rightly..........
