Partition suit -- Properties of male Hindu devolved on his adopted son - His widow not entitled to a share therein - Two sons of adopted son who filed suit entitled to 1/3rd share each along with their father - Sale deed executed by adopted son and his adoptive mother being in violation of Section 4 of Dowry Prohibition Act - Void - Vendees in possession of property..........
Transfer of Property Act, 1882, Section 44 -- Family dwelling house - Transfer by co-sharer to a stranger - Buyer cannot have right to joint possession - His right will be restricted right for enforcement of partition - Applicability of S.44 cannot be denied on ground that all parties were Muslims and that there is no concept of undivided family among Muslims. (Partition..........
Hindu Law -- Joint Family Property - Partition - Properties subsequently acquired by other members cannot be treated as joint family property - Members can only ask other members to account for income derived from properties in their possession which were given to them...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for partition - Ad interim injunction sought restraining co-owner from raising construction over suit land - Plea of ouster and adverse possession of defendant not established - Order of trial court allowing interim stay upheld...........
Co-sharers -- Mere continuation of a co-sharer in separate possession of the joint property does not mean that there is partition or their relationship of co-sharer comes to an end - The relationship of a co-sharer comes to an end only by partition through court or by private party in accordance with law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit for declaration of previous partition - Amendment of plaint sought to introduce as to certain improvements and other acts done in his share of land - Amendment sought not necessary as the main controversy is as to partition - If previous partition is proved then plaintiff can improve the land which fell to his share and..........
Hindu Succession Act, 1956, Section 6, 8, 30 -- Partition Act, 1893 - Adopted son filed suit against adoptive father for partition of properties into two equal shares and for allotment of one such share to him - During pendency of suit adoptive father died and adoptive mother brought on record - During Letters Patent Appeal she also died - She bequeathed her share of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - co-sharer in exclusive possession cannot be permitted to raise construction on the land in his possession till partition takes place by meets and bounds...........
Civil Procedure Code, 1908, Section 9 -- Family partition - Not reflected in the revenue record - fast of the party in possession of the land falling to his share - Plaintiff sought declaration that he is owner in possession - Jurisdiction of Civil Court not barred...........
Co-sharers -- Joint possession - Till the time partition takes place on one can claim to be exclusive possession...........
