Hindu Succession Act, 1956, Section 16(3), 29A(As -- Right of illegitimate daughter - Partition suit - Illegitimate children can claim right over parent property only after demise of parent and not before that - They cannot seek right over properties as a coparcener - Illegitimate daughter has no right to claim partition during life time of her father...........
Partition suit -- Ancestral properties - Specific defence of defendant No.1 is that all the properties are not ancestral, as some of properties are inherited through his father and rest are purchased by him out of his own earning - It is therefore, erroneous to classify all suit properties including properties which are not owned by first defendant as ancestral properties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - All the suit properties proposed for partition are not owned by defendants - Some of properties are held by third parties - It is for plaintiff to implead those parties or ought to have deleted portion of suit property owned by third parties - When plaintiff failed to carry out..........
Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........
Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from entering upon suit land and thereby creating any disturbance - Defendant purchased portion of joint family property from co-sharer/son of plaintiff, without consent of others, who acquired the same by partition - However, property stands in the name of father of plaintiff in record..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in opening up the question as..........
Punjab Land Revenue Act, 1887, Section 111 -- Partition - Application for partition can be filed in respect of more than one khewat and can be entertained by Assistant Collector, provided that co-sharers in different khewats are same - If co-sharers are different in different khewats, then separate applications have to be filed because khewats have to be separated of all..........
Punjab Land Revenue Act, 1887, Section 111, Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition - Necessary party - Partition proceedings have been carried out without impleading all co-sharers which suffers from vice and even this aspect of matter has not been seen before passing order by Financial Commissioner - Order set aside...........
Co-sharer -- Concept of co-sharer is akin to one of co-owner which vests in both an equal right to the same property - Both the co-sharers being holders of equal share to the same property, apportionment thereof and division of the property can only be by means of a partition - Right to seek such a partition, naturally, will be in one of the two co-sharers...........
