Hindu Succession Act, 1956, Section 6 -- (As amended) - Right of daughter - Partition suit - Plaintiff/daughter was married in the year 1967 and all other daughters were also married prior to 1989 - All the daughters were sufficiently presented with gifts and Sridhana which is not being denied by plaintiff and other daughters - Plaintiff and other daughters not entitled to..........
Specific Relief Act, 1963, Section 22(2), Specific performance -- Relief of possession - S.22 of the Act in order to avoid multiplicity of proceedings, allows plaintiff to amend the plaint to include a claim for relief of possession, partition etc. at any stage of proceeding...........
Will -- Execution of Will by mother in favour of plaintiff - Father is disputing the alleged execution of unregistered Will executed by his wife - Burden is on plaintiff to prove the alleged unregistered Will as per the provisions of Ss.68, 69 of Evidence Act - Since alleged Will is not proved by plaintiff trial Court rightly ordered for partition of the plaint-C schedule..........
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...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiff admitted title of defendant no.1 to the extent of part of suit property in earlier proceedings - Having admitted said facts in earlier proceedings, plaintiff is estopped to claim that whole of property belongs to his paternal grandfather - Plaintiff thus, failed to prove the foundational fact that..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Limitation Act, 1963, Article 136 -- Limitation - To execute final decree in a partition suit - Time begins to run from the date of final decree and not from the date on which it is engrossed on stamp paper...........
Specific Relief Act, 1963, Section 38, 34 -- Proviso - Permanent injunction - Mere suit for permanent injunction without seeking relief of declaration or partition is barred by provision of S.34 of the Act...........
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..........
