Hindu Law -- Suit for partition - Plea of defendant that suit property bestowed to him by father, during his life time - No documentary evidence establishing oral partition or oral gift in favour of defendant - Plaintiff entitled to his share in suit property...........
Partition -- Simply recording of name of different members of family separately in revenue records over some part of properties cannot be construed as partition of properties...........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1, 2, Specific Relief Act, 1963, Section 34 -- Suit for declaration - Relief of partition and possession - Plaintiff not claimed any relief of partition and possession - No pleadings regarding partition - No Court fees paid - It also not mentioned that all joint family properties are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Property in question was jointly purchased by plaintiffs along with defendant son of `N' - Suit for partition of property was not based on right of inheritance - Petitioners being daughters of said `N' had no right or locus to interject in suit proceedings - If petitioners have any..........
Mohammedan Law -- Will - Bequest to heir is not valid unless other heirs give consent to bequest after death of testator - Merely because there is delay of 12 years in coming to Court for claiming partition, by itself not a ground to infer that there is valid consent by other legal heirs...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even when application is filed..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution of preliminary decree for partition - In case parties had affected partition by metes and bounds as per the preliminary decree, it is not necessary to undertake final decree proceedings - However, in the instant case, it is not found to be established that parties have worked out their rights by mutual agreement,..........
Partition -- Joint family property - No evidence on record that properties in question were purchased out of joint family nucleus - Properties standing in name of mother of plaintiffs - Nothing on record to show that properties were purchased from income of their father - Plaintiff failed to prove that properties were joint family property - Thus, plaintiff is not entitled..........
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...........
Hindu Succession Act, 1956, Section 6(5) -- (as amended) - Partition - An oral partition or a Memorandum recording past partition had always been accepted by Courts, subject to proof - However, benefit of S.6(5) would not be available unless the partition had been effected by a registered deed or a decree of Court...........
