Transfer of Property Act, 1882, Section 44, 55(6) -- Transfer by one co-owner - Outsider who has purchased share of co-sharer in an undivided estate can seek possession of his share only through partition by amicable mutual settlement by metes and bounds or through a decree of Court - Possession of outsider/purchaser over disputed premises is thus, illegal and without..........
Partition suit -- Will - Right of daughters - Testator bequeathed property absolutely to his wife and expressly vested in her power of sale and distribution of sale proceeds equally between four sons and four daughters and herself - However, on demise of testator his wife became absolute owner of property and property after her demise would not be governed by Will of..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Without seeking relief of possession - Maintainability - Co-owners - Plaintiffs are co-sharers in suit property to the extent of 1/3rd share each - Every co-owner is deemed to be in joint possession of every inch of joint land even if same is in exclusive possession of one of co-owners - However, co-owner in..........
Co-owner -- Owns every part of composite property along with others and he cannot be held to be a fractional owner of the property unless partition takes place...........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in possession of complete land - Jamabandi was not done for half..........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
Revenue record -- Possession of land which admittedly is a joint khata in revenue records, does not confer ownership on the person who is in possession of a particular piece of land irrespective of share which he is entitled to - A party is entitled to respective share as per their proportion and would be declared owner of a particular piece of land, which may fall in..........
Nature of deed -- Partition deed or Will - Executant disclosed her intention to give her share to plaintiff and also retain right to live during her lifetime along with her brother - Deed was signed by executant and plaintiff which is not requirement of Will - Will is always signed by executant of Will and partition deed is always signed by all the parties in which..........
