Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Dispute between family members of one family relating to partition of ancestral property - Sudden fight between parties - There was no premeditation on part of accused and act was done in a heat of passion - It is not the case of prosecution that accused has taken any undue advantage or acted in a..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Joint property - Suit for declaration without filing suit for partition in respect to undivided property is not maintainable...........
Partition deed -- Validity - Karta not signed the partition deed - Partition deed thus, cannot be proved to be executed by Karta...........
Hindu Law -- Joint family property - Sale of part of property - Where a share holder of joint family property executes a sale deed in respect of a particular part of joint family property, purchaser would only get interest as joint holder and he is not entitled to claim specific property and he can only claim partition in undivided joint family property...........
Family settlement - - Family arrangement made for properly enjoying property - Unless said family settlement/partition is reported to Halqa Patwari and got finalised and incorporated in the revenue record, same could not be recognized as a family partition...........
Hindu Succession Act, 1956, Section 6 -- Co-parcenary property - Wife of a co-parcenar though cannot seek partition in family, but at the time of partition, her share equivalent to that of son or daughter would have to be carved out...........
Punjab Courts Act, 1918, Section 41 - - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an inaccurate document if translation and..........
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in possession of complete land - Jamabandi was not done for half..........
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her share - Daughter thus, has no share in suit property -..........
