Will -- Partition suit - Execution of Will in favour of three daughters to the exclusion of plaintiff/son - Will in question proved in accordance with law - Two properties bequeathed by father/testator in favour of his three daughters - Plaintiff was disinherited by father with respect to said two properties - Plea of plaintiff that there existed three properties not..........
Civil Procedure Code, 1908, Order 12, Rule 6, Benami Transactions (Prohibition) Act, 1988, Section 4, 2(9) -- Judgment on admission - Partition suit - Plea of benami property - Property in question claimed to be purchased in the joint names of plaintiff and four defendants - Defendant on the other hand took plea that property in question was actually purchased equally by..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Issue of limitation - Suit for partition and declaration that sale deeds in question are null and void - Sale transactions have been effected right from 1965 - Court ought to have framed an issue as to whether relief sought for as regards sale deeds was barred by law of limitation, irrespective of..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Framing of an issue - Partition suit - Disputed genealogical tree - Contrary versions of genealogical tree exists - Issue in that regard is to be framed for proper adjudication in a suit for partition...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchasers of undivided share prior to institution of suit are necessary parties - Plaintiffs omission to array said purchasers necessitates reconsideration of matter after affording an opportunity to purchasers...........
Civil Procedure Code, 1908, Section 107(b) -- Powers of appellate Court - Remand - Partition suit - There is absence of relevant material as is required to adjudicate contentions in a suit for partition - Court sitting in appeal is not in a position to determine the case finally as contemplated in S.107(a) CPC - Matter remanded to trial Court...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Service of notice of application U.O.39.Rr.1, 2 filed by defendant, cannot be taken to be service of suit summons to subsequent purchaser...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not amenable for partition has..........
