Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, Section 446 -- Inventory proceeding - Final order passed drawing final chart of partition - Since lease premises was not included in list of assets in inventory proceedings and not be in final chart of partition, it cannot be said that challenge to exclusion of lease premises from list of assets in..........
Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Determinative factor - Document whether is a deed of partition or a memorandum of partition or a list of partition recording past partition, has to be determined with reference to recitals therein and substance of transaction embodied in instrument - Name or caption given to document is not determinative..........
Registration Act, 1908, Section 49, Stamp Act, 1899, Section 35 -- Un-registered and unstamped partition deed - Admissibility - Document in question cannot be admitted even for collateral purpose unless required stamp duty and penalty collectable on instrument are paid and collected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Registration Act, 1908, Section 17 -- Family partition - Registration of deed - Compulsory registration - Document in question is not a deed for affecting any partition in praesenti, but it is a document recording previous partition therefore, it need not be registered...........
Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........
Hindu Succession Act, 1956, Section 6(as - - Right of married daughter to file partition suit - Retrospective application of daughter`s right in co-parcenary property was not available when earlier partition suit filed in 2004 came to be decreed - Daughter held, justified in filing subsequent suit for partition, as fresh cause of action has arisen to her to maintain the..........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority without seeking relief to set aside document of alienation - Limitation - Relief to set aside transaction forms an integral part of option available u/s..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by father in contravention of S.8(1) and S.8(2) of the Act - Suit for partition and injunction filed by minor after attaining majority - Without seeking relief to set aside document of alienation suit cannot be entertained being not maintainable, as relief to set aside transaction forms..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
