Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - In jamabandi defendant not depicted in possession of any specific land - In case defendant claims ownership or separate possession of any particular land, then appropriate remedy for him is to seek partition of joint property - Held, defendant cannot be permitted to forcibly..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 16 -- Arbitral award - Setting aside - Applicability of S.16 CPC - Controversy between parties does not pertain to recovery of immovable property, partition of immovable property, foreclosure sale or redemption of immovable property, determination of any other right to immovable..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 20 -- Disowning sons - Through public notices and advertisement - Not to be taken lightly - Even if a son is disowned by either parent, the death of that parent would, if intestate, still lead to devolution of property upon that son - A mere proclamation does not have a dispositive legal effect, breaking all..........
Family Settlement - - Lawful family settlements that adjust mutual rights by specific allotments equitably that could be oral, so long as oral partition is not barred by law and a family settlement orally or through an unregistered document to extinguish title to immovable property - The former is legal and the latter is unlawful...........
Family settlement -- In a family settlement cum partition, the parties may define the shares in the joint property and may either choose to divide the property by metes and bounds or may continue to live together and enjoy the property as common...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for partition and separate possession - Petitioner No.1 and respondent No.7 claim to be children of respondent No.1 & Petitioner No.2 - Respondent No.1 father denied the factum of his wedlock with petitioner No.2 mother - Whether there was any legal marriage performed between respondent No.1 and petitioner No.2 would not..........
Partition suit -- Limitation - In a suit for partition question of limitation becomes irrelevant...........
Family Courts Act, 1984 - - Partition suit - Owner of property conferred rights of life estate in favour of his sister and vested remainder was to remain with him - However, he predeceased his sister - No one can claim said property during lifetime of limited estate holder - Suit was filed shortly after the death of said limited estate holder - Rights of plaintiff to claim..........
Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Co-sharer - Plaintiffs have failed to prove themselves as owners in exclusive possession of property in question as plaintiffs and defendant are co-sharers being purchasers from a joint khata and defendant had purchased the land prior to plaintiffs - No partition of joint khata took place till date - No..........
