Hindu Law -- Mitakshara Law - Females are not coparceners - On partition mother is entitled to a share equal to that of a son and to hold that share separately even from her husband...........
Hindu Law -- Coparcenary property - Partition - All the heads of the branches, females who are entitled to a share are entitled to represent at the time of partition or in other words are necessary parties in a suit...........
Hindu Law -- Coparcenary property - Partition - In the absence of necessary parties to the partition proceedings the partition of coparcenary property cannot be given effect to - All the members entitled to a share must be represented either expressly or impliedly in partition proceedings - May be in a private partition or partition through Court...........
Hindu Law -- Coparcenary property - Date of family settlement not disclosed in the previous suit - Member of the coparcenary property was not even impleaded as a party to the suit wherein it was alleged that in the family settlement the property detailed therein fell to his share on partition - Lower appellate Court rightly held that the decree in the previous suit will..........
Co-sharers -- Inter se rights and liabilities - AIR 1961 Punjab 528 followed therein held:(1) A co - owner has an interest in the whole property and also in every parcel of it (2) Possession of joint property by one co - owner is in the eye of law, possession of all even if all but one are actually out of possession.(3) A mere occupation of a larger portion or even of an..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Final decree - No prohibition in passing any number of final decrees...........
Hindu Law -- Coparcenary property - Alienation by a coparcener pending suit for partition filed by another coparcener - A coparcener can gift or will away coparcenary property to the extent of his share - Execution of settlement deed in respect of a specified item of property by a coparcener or execution of Will by him bequeathing entire coparcenary property is not valid -..........
Mohammadan Law/Mohammedan Law -- Gift - Validity - Three essentials are (i) Declaration of gift by donor (ii) acceptance by donee and (ii) delivery of possession of property gifted from donor to donee - Gift will be rendered invalid if any one of essential conditions are not complied with - Where there is no recital in deed of settlement that donee had accepted gift and..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Partition suit - Impleadment as defendant in partition suit in which trial Court has already passed preliminary decree - Applicant claiming joint ownership of suit property under Will - When preliminary decree, having not been challenged in appeal, has become final, question of impleading applicant does not arise -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 23A, 18, 3 -- Re-partition of Bachat land-Land in dispute reserved for a common purpose by applying a pro rata cut-Owners continued to be owners-Only management passed over in Gram Panchayat-No land can be reserved for income of Gram Panchayat by applying pro rata cut on the..........
