Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Hindu Succession Act, 1956, Section 14(1) -- Transfer of suit land by widow by registered sale deed - Widow was successor-i, interest of suit land which came to share of her husband in family partition and as such was absolute owner of suit land - Decree for declaration and possession of suit land in favour of appellant was rightly passed which could not be interfered by..........
Hindu Law -- Joint family property - Partition - Plaintiff failed to prove that suit property was joint family property - No evidence that release deed in favour of defendants is unfair and prejudicial to the interests of plaintiffs - Suit was barred by principles of constructive res judicata on account of withdrawal of earlier suit filed by father of plaintiffs and..........
Stamp Act, 1899, Section 2(15) -- Instrument of partition - Once in the document which was sought to be registered the fact that earlier partition had taken place between the legal heirs and possession had been taken in accordance with law with oral agreement the registration of that document recording in writing with effect would not come within the definition of..........
Stamp Act, 1899, Section 2(15) -- Memorandum of partition - Details of all the properties which have been divided and taken possession has been given in Memorandum of partition - Once possession was taken by all the co-sharers they seized to be co-owners of properties - The fact that no date and time has been mentioned will not render this Memorandum of Partition as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from obtaining electric connection for the Tubewell in the name of Respondent No.1 alone - Injunction suit filed during pendency of suit for partition - If electric connection is granted in the name of Respondent No.1 alone that would not adversely affect the rights of any..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
Hindu Law -- Joint Hindu Family - Partition - When a part of joint family property is given to wife of a coparcener during his lifetime towards her maintenance, the said property must be put to her share if she claims partition of joint family properties after her husband's death, even though the said property has become her absolute share under Hindu Succession Act and..........
Hindu Law -- Joint Hindu Family - Separate property - Defendants contended that item No.6 of plaint A schedule property is self acquired property of their father who died - Deceased has no independent source of income or neither he purchased the property with a clear intention to enjoy it exclusively - Deceased was Karta of joint family and family remained joint till the..........
Stamp Act, 1899, Section 2(14)(15), 35 -- Nature of document - Instrument of partition or mere `Kararnama' - If the document does not create, transfer, limit, extend or extinguish any right or liability, it does not answer the description of an `instrument' - Similarly, if it is not a document whereby the co-owners of any property divide or agree to divide such a property..........
