Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Partition suit - Plaintiff was adopted 40-50 years back to one `M' - Suit properties already held to be self acquired properties of defendant no.1 - In such event, right to succeed to said property accrues to his children only on his death - Defendant no.1 died in the year 2010 - Adoption set up by..........
Indian Penal Code, 1860, Section 468, 471, 120B -- Forgery - Criminal conspiracy - Accused allegedly fabricated partition deed and executed GPA in favour of A3 and A4 - Petitioner entered into sale agreement to purchase the property from A3 and A4 - He also committed offence in connivance with other accused to grab the property from complainant - All accused conspired..........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Although, co-sharer cannot put a vendee in possession without there being any physical formal partition of an undivided landed property, yet such a co-sharer definitely has a right to transfer his undivided share...........
Hindu Law -- Joint Family Property - Transfer of undivided share by co-sharer - Purchaser of a coparcenar's undivided share in joint family property is not entitled to possession of what he had purchased - But he has a right to sue for partition of property and ask for allotment of his share in suit property...........
Criminal Procedure Code, 1973, Section 145, 146 -- Ex parte attachment order - Property in question jointly held by parties without there being any partition in metes and bounds - Order of attachment at the very threshold of proceedings may prejudice the claim of party in possession - An ex parte attachment order if set aside no such miscarriage of justice can be claimed..........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 23(1) -- Property of senior citizen - Word "transfer of property" by way of gift or otherwise, would not include partition, as it is not a transfer...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance held, dismissed being not..........
