Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Registration Act, 1908, Section 17 -- Registration - Sketch map which is an acknowledgement alleged to be in respect of amicable partition - Not required to be compulsorily registered - Trial Court directed to mark the sketch map as collateral document...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Hindu Law -- Doctrine of pious obligation - Liability of son for pre-partition debt - Mere partition would not exempt a son from liability for a pre-partition pious debts for which he was liable before partition - Even if sons were not made a party to the suit, they cannot resist the same unless they succeed in establishing that such debts were contracted for immoral..........
Transfer of Property Act, 1882, Section 58, 60 -- Redemption of mortgage - Once plaintiffs had stepped into shoes of mortgagors and property had already been redeemed, no question of filing a suit for redemption arises at their instance - After redemption, all three mortgagors become co-owners and in case, they do not seek partition, remedy available is to acknowledge the..........
Evidence Act, 1872, Section 17 -- Admission - Suit for partition - Mere admission in earlier suit qua nature and character of property as ancestral would not clothe the nature and character of property as ancestral...........
Partition -- Ancestral property - Absence of proof of original excerpt and pedigree table - In absence of such evidence the property must be held to be self acquired property...........
Partition -- Inheritance of property from maternal ancestor - Can be ancestral property but it cannot be HUF property or joint Hindu Family property, as HUF never comes into existence on inheriting of property by a person from his maternal ancestor - A person under traditional Hindu Law of Joint Hindu Family had a right to a property which was inherited by a person from..........
Partition -- Joint family property - Suit property admittedly purchased in the name of plaintiff's mother - However, plaintiff failed to prove that said property is jointly purchased by plaintiff and his brother - Admittedly all the records pertaining to suit property were in the name of brother of plaintiff and after his death these were mutated in the name of defendants..........
