Hindu Law -- Joint Family Property - Alienation - Can be challenged by members of Hindu Joint Family who was in existence or at least who was in mother's womb on the date of alienation - Since plaintiff was not in existence on the date of alienation or partition made by his father as such there was no right to plaintiff to challenge the disposal of property made by his..........
Hindu Law -- Joint Family Property - Partition - If partition is not challenged, entries made in revenue record at the instance of father can be accepted as record of partition made on the basis of partition effected by father and report given by father becomes base for mutation...........
Registration Act, 1908, Section 17 -- Consent decree - Registration - Family partition - Consent decree transferring share in property passed on the basis of prior family partition is not compulsory registrable for passing valid title as there was pre-existing right on basis of which decree was passed...........
Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Civil Procedure Code, 1908, Section 97 -- Objections to preliminary decree - Where a party aggrieved by a preliminary decree in partition suit fails to make an appeal, he is precluded from disputing its correctness in any appeal preferred against final decree...........
Hindu Law -- Hindu Co-parcenary Property - Partition - Presumption - Once a partition in the sense of division of right, title or status is proved or admitted, all joint property would be presumed to have been partitioned or divided - Consequently, the burden of proof that certain property was excluded from the partition would be on the party that alleges the same to be..........
Hindu Law -- Hindu Co-parcenary Property - Partition effected by family arrangement - Parties took possession of their respective shares and was enjoying the same, even their names were mutated to revenue records - Held, trial court rightly held that plaintiffs are estopped from challenging the existence and validity of partition...........
Hindu law -- Ancestral property - Partition - Once property is partitioned amongst coparceners i.e sons and father, it does not remain ancestral coparcenary property and it becomes separate property...........
Agreement to sell -- Specific performance - Co-owners - A co-owner can alienate his share in the joint land and can even give possession of the same - However, it is subject to partition amongst co-owners...........
Partition suit -- Opposed on basis of Will executed by owner of suit property - Will more than 30 years old - No attesting witnesses examined - Assuming if persons who figured as attestor are not alive, defendant was under obligation to comply with S.69 of Evidence Act but it was not done by defendant - Will, held, not proved as required under law - Suit property directed..........
