Partition -- Preliminary decree - Defendants transferred their undivided share in property in favour of plaintiff - Assessment made by lower appellate Court and High Court that plaintiff entitled to share of defendants held, proper - However, there is small error which needs to be corrected - The addition of 1/24 share of defendant no.1 and 1/4th share of defendant no.2..........
Hindu Succession Act, 1956, Section 6 -- Succession - Right of widow of Karta - Widow of Karta on partition gets a share equal to that of a coparcener in an Hindu Undivided Family...........
Will -- Transfer of ownership - There is no impediment to transfer of an undivided share as per the Will - However, this is subject to important restriction to which the private parties have no objection viz that fragmentation of property is not permissible...........
Hindu Succession Act, 1956, Section 6 -- Partition - Right of daughters - Grandfather bequeathing half share of undivided Hindu Family property to his son for life interest and after death of son vested remainder to grandsons - Son dying intestate - Held, daughters having partible interest are entitled to preliminary decree of partition...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Partition -- Hindu Undivided Family (HUF) - Family settlement between parties - Recitals of Memorandum of Settlement shows that a share in the family property was acquired by defendants by way of inheritance from their father - Language used in the Memorandum of Family Settlement shows that defendants were treating the property as inherited property - Merely because..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Co-parcener died after coming into operation of Hindu Succession Act, without making testamentary disposition of his undivided share in joint family property - Deceased survived by his wife and daughter - Devolution of property of deceased is governed by Hindu Succession Act not by survivorship - Daughter..........
Agreement to sell -- Joint property - If undivided share of one of the heirs cannot be transferred, remaining share of other heirs certainly can be transferred...........
