Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........
Partition -- Joint family property - `B' scheduled property proved to be ancestral property acquired by father of parties in partition between father and his brothers - Thus, plaintiffs entitled to share in said property - Suit partly allowed to extent of `B' scheduled property...........
Partition suit -- Property in question does not have the character of ancestral - Property successively devolved from original owner to first defendant/father of plaintiff through oral partition during life time of person with whom the property vested - Suit for partition held, rightly dismissed...........
Partition suit -- Suppression of compromise decree in earlier suit by plaintiff where he was allotted one fourth share - Plaintiff did not claim property as ancestral property in earlier suit - Plaintiff seeking one sixth share in suit property shows his admission of suit property being self acquired property of his father - Suit for partition not maintainable...........
Hindu Succession Act, 1956, Section 6, 29A(Andhra -- Right of daughter - Partition - Property originally belonged to grandfather of plaintiff and it was his self acquired property - Self acquired property of grandfather of plaintiff which defendant no.1/ father of plaintiff succeeded though ancestral property but not coparcenry property, thus declared as his separate..........
Evidence Act, 1872, Section 17 -- Admission - Suit for partition - Mere admission in earlier suit qua nature and character of property as ancestral would not clothe the nature and character of property as ancestral...........
Partition -- Ancestral property - Absence of proof of original excerpt and pedigree table - In absence of such evidence the property must be held to be self acquired property...........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Hindu Law -- Partition - Property which fell to the share of father in partition between him and his sons was though ancestral, still it acquires the character of his separate or self acquired property when he did not beget any son or daughter to claim share by birth...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........
