Hindu Succession Act, 1956, Section 4, 6, 8 -- Joint Family Property - Partition - On partition property derived by a Hindu constitutes his separate and individual property...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 2 (f), 2,(i) 3, & 4 (7) -- On the day the Act came into force, there is deemed to be notional partition amongst the members of the undivided Hindu Family - For ascertaining excess land held by such persons, each sharer shall be deemed to hold one unit separately...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for partition - Ad-interim injunction restraining the defendant from transferring the suit property and raising construction thereon - Plaintiff in an earlier suit made statement that property was partitioned - Documents corroborating defendants case - Plaintiff cannot be said to have any prima facie case - Trial..........
Partition -- Deori Kalan was left joint property of all the branches of the joint family for the purpose of ingress and egress to their respective parties - Change in circumstances - There is no bar in law that the property which was kept joint of the parties cannot be subsequently partitioned...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Partition suit - Necessary defendants are (i) the heads of all branches (ii) females who are entitled to a share on partition (iii) the purchaser of a portion of the plaintiff's share, the plaintiff himself being a coparcener (iv) if the plaintiff himself is a purchaser from a coparcener, his alienor...........
Evidence Act, 1872, Section 66(6) -- Secondary evidence - Family partition - Photostat copy produced - Person in whose possession allegedly the original document was, has already died - No infirmity in the order of the trial Court allowing secondary evidence...........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- Paragraph Second - `Dwelling House' & `Undivided Family' - Used in S.44 - Meaning - Has to be given wide and not restricted meaning - Provisions of S.4 Partition Act is complimentary to S.44 - These terms have same meaning in both the Acts...........
Registration Act, 1908, Section 49 -- Unregistered deed a partition- S.49 does not bar its proving for ascertaining the nature of possession...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13 -- Partition suit - Preliminary decree specifying shares but not containing direction regarding allotment and separate possession - One of the defendants applying for appointment of Commissioner to divide properties and allot his share - Maintainable without modifying the decree...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application filed after 7 years - Suit for partition - Proposed amendment to change the nature of suit to a suit for declaration of title as also a further declaration that the sale deed in favour of defendant is void and illegal - Both the parties are purchasers from the co-sharers of the same family -..........
