Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Applicability of S.10 - Though S.10 of TPA may not be directly applicable to a deed of partition, but absolute restrain on alienation in a deed of family settlement or partition will be invalid on general principles of law...........
Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Partition deed - Condition of inalienability - Imposition of condition cannot be treated as one for beneficial enjoyment of any property included in the partition deed, but only for personal need of surviving members of family - Second part of S.11 of the Act cannot save the clause in..........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Omission to sue - Leave of Court - Simplictor suit for injunction filed by reserving right to subsequent suit for partition - Explanation to that effect given by plaintiff - Trial Court should consider said explanation only - However, trial Court by dismissing application traveled beyond scope of enquiry U.O.2.R.2(3) CPC..........
Partition suit -- Hindu U, divided Family (HUF) - Plaintiff was 18 years of age when suit plot was purchased - No documentary evidence on record to prove that plaintiff ever contributed for purchase of property, which is admittedly purchased by defendant no.2 from DDA - Mere oral testimonies cannot mean discharge of onus of proof which was upon plaintiff for proving..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Hindu Law -- Partition - Claim by daughters - Plea of defendants of ancestral property - However, no evidence that properties were ancestral - Plaintiff daughters jointly entitled to 2/5th share in properties...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Partition suit - If cause of action is joint and inseparable, entire suit or appeal abates if Lrs of deceased party are not brought on record...........
Partition -- Joint family property - Right of widow to claim partition - Defendants asserted that plaintiff widow deserted her husband and therefore she lost her right to claim partition - However, reason why plaintiff left the house is not forthcoming in evidence of defendants - Evidence on record shows that relationship between plaintiff and her husband were good - It..........
Partition -- Joint family property - Plea of self acquired property of father of defendants Nos.1, 2 - Property in question though granted to father of defendants, but it was held by joint family and was being cultivated by DW1 - DW1 stated that all the lands were held jointly - Gift of property in favour of grandson/DW4 thus, not valid, particularly, when documentary and..........
Partition -- Once shares are defined, whether by agreement between parties or otherwise, partition is complete...........
