Hindu Law -- Partition suit - Joint family property - Property held by female member cannot be treated as joint family property, particularly, when there is no proof to show that said property was held on behalf of other family members and property was purchased in her name out of joint family income - Said property is absolute and exclusive property of female member and..........
Civil Procedure Code, 1908, Section 97, 54 -- Decree for partition - Appeal - Discrepancy in preliminary and final decree - Decree in appeal not final decree - However, certified copy of final decree passed on a different date placed on record - Appeal is not maintainable...........
Hindu Law -- Partition - Joint family property - Portion of property sold for legal necessity by one of co-owners who has right over property - Said portion will not be available for purpose of partition - However, vendor of such property should be allotted equitable share in partition...........
Partition -- The rule, that a suit for partial partition is not maintainable, is not an absolute rule...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit property subject matter of dispute both in partition suit and in probate proceedings - Jural relationship amongst parties inter se is finally decided in preliminary decree - Decision in probate proceeding on question of proof of Will would have a direct impact on partition suit - Decision in partition suit would..........
Partition suit -- Suppression of compromise decree in earlier suit by plaintiff where he was allotted one fourth share - Plaintiff did not claim property as ancestral property in earlier suit - Plaintiff seeking one sixth share in suit property shows his admission of suit property being self acquired property of his father - Suit for partition not maintainable...........
Partition suit -- Non-inclusion of `B' schedule property in earlier suit for partition, shows that claim of plaintiff relating to said property is afterthought - Moreover, property in question was purchased by father of plaintiff for benefit of his second wife - No evidence led by plaintiff to rebut the same - Thus, plaintiff cannot claim `B' schedule property - Suit..........
Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiffs and their mother relinquished their right over properties of deceased by executing release deed - Said release deed is binding upon them - Thus, plaintiffs and their mother is estopped from contending that release deed was not binding upon them...........
Mahomedan Law -- Gift (Hiba) of property by father to his minor son - Mother acted guardian of minor - Validity of gift - When a father who is given the first preference to act as guardian, himself become donor in respect of property to his minor son then mother can accept the gift on behalf of minor - Acceptance of gift by mother in such situation, was not illegal or..........
Adverse possession -- Plea of title under oral partition and adverse possession - Not permissible as both the pleas are inconsistent and contrary...........
