Registration Act, 1908, Section 17(2)(vi), Maharashtra Stamp Act, 1958, Section 46 -- Proviso - Registration - Compromise decree effectuating partition of an agricultural land does not require compulsory registration in view of S.17(2)(vi) of the Act and it would also not require payment of stamp duty on valuation of property, but would be governed by S.46 Proviso (b), (c)..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiffs are admittedly co-sharers - Their possession is also established from revenue record and earlier litigation between predecessors of parties - Partition proceedings are going on - Till then plaintiffs have certainly a right to retain possession of suit land - Ad interim injunction rightly..........
Partition -- Joint Family Property - Plaintiff failed to discharge the initial burden that property acquired jointly by defendant no.1 and his brother - Though property is purchased in the joint name but plaintiff failed to prove that there was any nucleus which yield such income to acquire property - Property in question is self acquired property of defendant no.1 - Suit..........
Hindu Succession Act, 1956, Section 2(2) -- Tribal woman - Applicability of the Act - Partition suit - There is no whisper about custom or practice in the community in which parties are living - In absence of any such proof, trial Court rightly concluded that parties to suit are to be construed as Hindus for the purpose of application of the Act and granted relief of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Partition suit -- Joint family property - Defendant no.1 admitted that his name was recorded as Manager of joint family and he never objected to mutation entry - Both the Courts accepted that suit property was ancestral joint Family property and entitlement of plaintiff for partition and separate possession of suit property - No interference warranted in said concurrent..........
Partition suit -- Barred by limitation - Part of suit land was acquired and defendant received the compensation - Plaintiffs have specifically pleaded on 16 July 2010 that they learnt that defendant has withdrawn the compensation amount - Defendant has not produced on record any material to show that plaintiffs were made known with respect to withdrawal of compensation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Injunction cannot be granted in favour of plaintiff against other co-sharer without partition being effected between them and without any averment that exclusive share of plaintiff was being trampled upon by other co-sharers...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of assignee - Partition suit - Deed of assignment entered into in defiance of an injunction order - Applicant cannot claim to be impleaded as a party on basis of said assignment - Deed of assignment was a nullity or an illegality - Application dismissed with costs of Rs.2 lakhs...........
Will -- Exclusion of son from property under Will - Relationship between testator and his son got stained in 1984 - This fact is admitted by son of testator - Son also filed a partition suit against his father/testator - Testator was alive for nearly 11 years after execution of Will - On account of close relationship, testator after death of his brother wanted to protect..........
