Hindu Succession Act, 1956, Section 6 -- Partition - Allotment of share - Partition took place as per registered document between grandfather, father, plaintiff and his brother/defendant in 2009 - Plaintiff and defendant no.2 held, entitled to 5/12th share and defendants 1 and 3 are entitled to 1/12th share each as per partition deed...........
Hindu Law -- Joint Family Property - Sale of Demarcated portion of joint land by one of co-sharer in favour of stranger - Does not amount to partition, as other co-sharers did not join expressing their consent for transferring the same - By purchasing the said undivided portion of joint land, stranger at the best became co-sharer, but he cannot claim any exclusive right,..........
Hindu Succession Act, 1956, Section 16(3), 29A(As -- Right of illegitimate daughter - Partition suit - Illegitimate children can claim right over parent property only after demise of parent and not before that - They cannot seek right over properties as a coparcener - Illegitimate daughter has no right to claim partition during life time of her father...........
Partition suit -- Ancestral properties - Specific defence of defendant No.1 is that all the properties are not ancestral, as some of properties are inherited through his father and rest are purchased by him out of his own earning - It is therefore, erroneous to classify all suit properties including properties which are not owned by first defendant as ancestral properties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in opening up the question as..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because khewats have to be separated of all..........
