Civil Procedure Code, 1908, Section 122, Rule of, 236 - - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of value proportionate to..........
Punjab Land Revenue Act, 1887, Section 111 -- Private partition - Proof - Held, merely on the basis of entry of mutation, which was never sanctioned, it cannot be said that there was any private partition among co-sharers of total joint land - Non-sanctioning of mutation regarding alleged private partition and no, reflection thereof in revenue record for five long decades..........
Registration Act, 1908, Section 32 -- Sale deed - Registration - Co-owners - Seller of land with multiple sharers need not produce partition deed as regards his share as it is against the provisions of S.44 of Transfer of Property Act...........
Co-sharers -- Purchase of share from one of the co-sharers - There can be no claim of ownership of a particular khasra - For this purpose partition has to be sought...........
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If a settlement is made without the consent of other..........
Partnership Act, 1932, Section 14, 42 -- Property of partnership firm - Dissolution of firm - Partition thereof - Plaintiff claimed distribution/partition of disputed shop in suit along with other reliefs - Plaintiff alleged disputed shop also to be asset of partnership firm - However, it has been proved that plaintiff and defendant No.2 are owners of disputed shop in..........
Co-sharers -- Can seek joint symbolic possession subject to his right to get actual possession of his share by seeking partition...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Co-sharers -- A co-sharer can transfer his undivided share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably or through mutual settlement or by a decree of the Court - Vendee from co-owner shall be entitled for possession through partition only - In case of transfer of possession in favour of vendee then the..........
Co-sharers -- If any co-sharer has made construction on the joint family property without any partition such construction can be made available in the joint property for partition when the shares of the parties are determined - Such co-sharer cannot claim exclusive ownership rights over such constructions since it would fall within the ambit of the joint undivided..........
