Civil Procedure Code, 1908, Order 22, Rule 9 -- Partition suit - Appeal - Death of appellant during pendency of appeal - Defendant No.1 transposed as appellant - Stubborn attitude and conduct of petitioner - Inspite of objections raised legal representatives of deceased appellant not substituted and defendant No.1 claimed himself to be sole representative - Substitution of..........
Partition suit -- Decree assigning shares of parties keeping aside the Will relied upon by the first defendant - High Court, accepted the Will and determined the shares of the two defendant's - Will was not in issue in the suit and no finding as regards the validity was recorded - Held, High Court was not justified in modifying the shares by accepting the Will - Decree of..........
Statute -- Interpretation - It is not words of law but spirit and internal sense of it that makes the law meaningful - A female heir's right to claim partition of dwelling house - Court to adopt common sense approach considering facts and circumstances of each case. (Hindu Succession Act, 1956, S.23)..........
Co-owner -- Transfer by a co-owner - Transferee enters into the shoes of the transferor and can ask for partition - However, the proposition is not applicable where sale is challenged by a person not co-owner nor a signatory to the sale deed...........
Succession Act, 1925, Section 211(1), 307(1), 332 -- Christian - Power of executor or administrator - Property of deceased testator vests in executor or administrator who gets full powers to dispose of same - His assent is necessary under Section 332 of Act to complete legatee's title to legacy - But his power is to be reconciled with requirement of giving effect to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Hindu Law - Joint Family Property - Alienation by manager - Manager entitled to make alienation for family necessity or for benefit of estate - Sale by manager is voidable and not void - Alienee entitled to possession unless sale is avoided by appropriate action by other coparcener - Remedy of other coparcener aggrieved by..........
Partition of property -- Appellant in possession of entire property since 1977 under the family arrangement - In the interest of justice, directions given to the appel-lant to retain 1/3rd of property and surrender the remaining 2/3rd property to the respondents who purchased the property from the other family members - Appeal allowed...........
Partition Act, 1893, Section 4 -- Applicability of the provision - Necessary conditions are (i) the house should be owned by an undivided family; (ii) the share of a co-sharer therein should have been transferred to a person who is stranger to the family; (iii) the transferee should have sued for partition; and (iv) a member of the family being share-holder claims and..........
Agreement to sell -- Suit for specific performance - Theory of partition between father and son and property falling to share of son, set up by defendant not believed - Plaintiff willing to purchase the half share of defendant in the property for the whole of consideration - Defendant having received entire sale consideration - Jointness of property not a disability for..........
Partition suit -- Properties of male Hindu devolved on his adopted son - His widow not entitled to a share therein - Two sons of adopted son who filed suit entitled to 1/3rd share each along with their father - Sale deed executed by adopted son and his adoptive mother being in violation of Section 4 of Dowry Prohibition Act - Void - Vendees in possession of property..........
