Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Suit for recovery of possession - Non-impleadment of all LRs of plaintiff - Respondent being one of legal heir of plaintiff is competent to act as an agent of other heirs of deceased plaintiff in the carriage of suit - Defendant cannot insist that all legal heirs must participate in..........
Hindu Law -- Joint property - Living together does not lead to inference that property acquired during that period would necessarily be jointly acquired property - Ancestors were in possession of their own shares - This shows that there was no jointness in holding of their share of property and they all enjoyed their possession independently...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Co-sharers -- Purchase of specified portion of land by referring to a particular khasra number in an un-partitioned land would result in purchase of a share in the undivided land and vendee becomes co-sharer in the entire joint khewat...........
Will -- Exclusion of natural heirs - Will is executed only to alter the mode of succession and by the very nature of things it is bound to result in either reducing the share or depriving the share of natural heir - Merely because some of the heirs have been excluded the same cannot be held to be suspicious circumstance...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Will -- Proof of - Registered Will was executed in favour of one daughter/defendant - Will was proved by one of attesting witnesses of Will - Scribe of Will also deposed as DW9 - Wife of testator deposed that had other daughter and her children taken care of them then they would have given 1/2 share of suit property to them as well - Will in favour of one daughter of..........
Hindu Marriage Act, 1955, Section 16 -- Children born out of void and voidable marriage - Once the status of children is established as extended family of propositus, irrespective of whether the marriages of mothers of children with propositus is void or voidable, children are entitled to a share in the property of notional partition in favour of propositus...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA Test - Partition suit - Status of plaintiff as a member of family is denied by defendants - Plaintiff himself has taken risk of seeking DNA profiling to prove his claim that he is member of family - However, both the persons whom plaintiff is claiming to be his parents are not alive - Person who according..........
