Family partition -- Declaration of pre-existing right created by virtue of family partition - Decree does not require registration. (Registration Act, 1908, S.17)..........
Partition Act, 1893, Section 4 -- Applicability of the provision - Conditions precedent are: (1) the dwelling house must belong to undivided family; (2) the transfer must be made to a stranger; (3) transferee has filed the suit for partition and (4) shareholder claims and undertakes to buy the share of the stranger...........
Hindu Succession Act, 1956, Section 23 -- Female heir - Has a right to reside in the family dwelling house despite the restriction placed on her right to claim partition of such dwelling house...........
Partition Act, 1893, Section 4 -- Married daughters - Filed suit for partition of family dwelling house - Son claiming right of pre-emption - Held, suit for partition is not maintainable - Plaintiff is not entitled to transfer their interest in the family dwelling house in favour of a stranger and if they decide not to reside in the family dwelling house and desire to..........
Transfer of Property Act, 1882, Section 52, East Punjab Urban Rent Restriction Act, 1949, Section 13, 2(2) -- Co-owners - During pendency of partition proceedings some of the co-owners giving the shop on rent - Shop fell to the share of other co-owners who were not party to letting - Tenancy is not binding on co-owners who were not party to letting - They are entitled to..........
Punjab Land Revenue Act, 1887, Section 16, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121 -- No material irregularity committed by lower Revenue Officers which has vitiated partition proceedings - Service of all necessary parties effected in accordance with legal procedure - Partition already made, possession delivered and mutation sanctioned - No justification for..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Suit for partition - Valuation of the property - Ordinarily it has to be the date of passing of the final decree and not the date of filing of the suit for partition - The actual partition is effected by passing of the final decree as such valuation has to be on the date of..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Shares, bonds and securities - Non availability at the time of partition - By itself not a ground to deny plaintiff his share if he is otherwise entitled thereto...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Shares, bonds and securities - Non availability at the time of partition - Party in possession is liable to give accounts for the rents, income, profits and dividends in respect of the joint family property to others...........
Indian Penal Code, 1860, Section 471, 463 -- Complaint about forgery of partition deed - Civil Court finding that partition deed is not forged - Averments in complaint the same as raised in Civil Court - Criminal complaint quashed...........
