Hindu Succession Act, 1956, Section 6(as - - Devolution of interest - Dispositions and alienation including partitions which may have taken place before 20th December, 2004 as per law applicable prior to the said date would remain unaffected and does not lead to an inference that daughter can be coparcener prior to commencement of Act - Any transaction of partition..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Specific Relief Act, 1963, Section 37, 38 -- Co-sharer - Sale of specific khasra numbers by co-sharer - Injunction - Cannot be claimed against co-sharer - Co-sharer in exclusive possession of land can sell that very portion subject to partition of joint land and he can also oust other co-shares till such time the land is partitioned by metes and bounds...........
Record of rights -- Entering name - Applicant has to be a holder, occupant, owner, mortgagee or tenant - Such a right is also available to a person acquiring interest in the property by succession, survivorship, inheritance, partition, purchase mortgage, gift, lease or otherwise - Merely a holder or occupant does not meet the requirements of law for exercising such a..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Police help - Decree in favour of two co-sharers - One co-sharer causing hindrance to the other in raising construction - Police help to one co-sharer cannot be provided by Executing Court - The only remedy available to the co-sharers is to seek partition of the joint khewat, in accordance with law...........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Application for partition of land dismissed in default - Application for restoration of application for partition made - Notices required to be given to all respondents in the application for partition - Restoration of application done on statement of one of respondents whereas all respondents should have been..........
Punjab Land Revenue Act, 1887, Section 118 -- Partition - Service is required to be affected on all respondents - Opportunity to file reply should be given - Once court concludes partition proceedings should continue then naksha alf (K) is called in from Assistant collector depicting shares of parties, actual possession, excess or less land is indicated - Statements of..........
Hindu Law -- Ancestral property - Partition - Separate mess - A division in mess does not constitute a division of all properties and there is no such presumption in law for such an inference...........
Hindu Law -- Ancestral property - Partition - If partition was not proved, even father/Karta had no power under Hindu Law to make a release of his own undivided share...........
Hindu Law -- Ancestral property - Partition - If existence of ancestral family nucleus was admitted fact and if properties had not been mutated in the names of several persons, Courts below were justified in holding that family holding continue to be joint and plea of oral partition as propounded by defendants cannot be accepted...........
