Agreement to sell -- Specific performance - Merely an assertion in agreement to sell (Iqrarnama) regarding taking consideration of Rs.5 lakhs and handing over possession is not sufficient to prove possession over property, especially in the circumstances when property is a joint family property...........
Release deed or conveyance deed -- Surrender of right in favour of a co-owner in a joint property would be a release whereas a surrender of right in favour of a third party, having no right in the property which is surrendered then such surrender will be a conveyance - Enlargement of an existing right in an unpartitioned property of a family member at the end of a..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
Hindu Law -- Joint family property - Partition suit - Plaintiff failed to prove that suit property was purchased out of joint family fund and further failed to establish that prior to purchase of suit property there was a nucleus - Suit property is self acquired property of grandfather of plaintiff - Plaintiffs thus, failed to prove that suit property is joint family..........
Consent decree -- Joint family property - Consent decree passed inter se defendants and their family members are basically agreement arrived at between parties with seal of Court superimposed - Once plaintiff becomes owner to the extent of his share as Class I heir, such decrees would not affect her rights...........
Joint Family Property -- In absence of any cogent and relevant evidence to indicate existence of common nucleus, joint family, use of funds to create suit property, it cannot be said that suit property is of a joint family merely because parties are related to each other that too in second degree...........
Partition suit -- Land in question was partitioned between four brothers of father-in-law of plaintiff - Plaintiff categorically stated that her father-in-law was owner of property and even PW2 also deposed to the same - Defendant no.1 failed to prove that land was gifted to him - He held such property as Karta of Joint Family property fallen to share of his deceased..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Suit for possession -- Possession after partition whether tenant in common or gratuitous licensee - Possession of defendant after partition deed is executed is that of tenant in common, as earlier to partition deed, plaintiff and defendant being sons of deceased were members of Hindu Joint Family - After the death of defendant, property will not pass on to other co-sharer..........
Partition suit -- Hindu Joint Family property - Dispute between adopted son and step sisters - Succession opened up admittedly prior to Hindu Succession Act - Daughter thus, would not be a coparcener at that time - She would not be a legal heir who would take simultaneously with son in view of notional existence of adopted son by virtue of doctrine of relation back -..........
