Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Daughter not to be denied of his right of obtaining share on becoming coparcener and claiming partition of coparcenary property by setting up frivolous defence of oral partition and/or recorded in the unregistered memorandum of partition - Court has to..........
Hindu Succession Act, 1956, Section 6 -- Daughter - Devolution of interest in coparcenary property - Plea of partition - Expression used in Explanation to S.6(5) `partition effected by a decree of a court' means final decree and not a preliminary decree of partition - Even if partition is supported by a registered document it is necessary to prove it had been given effect..........
Hindu Law -- Joint Family Property - Agricultural land - Partition suit - Where plaintiffs failed to prove that they were getting any proceeds from income of agricultural land, it indicates that said land was not joint...........
Hindu Law -- Joint Family Property - Partition - Plaintiff failed to prove that there is Hindu Undivided Family - No evidence on record that agricultural lands were owned by grandfather or brother of grandfather of plaintiff - Various parts of lands were transferred to various other persons and these transfers were not challenged by plaintiff at relevant time - Plaintiffs..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Partition suit -- On basis of Will - Suit property equally divided between plaintiff and defendant - Dispute regarding common areas - Defendant raised the dispute of common areas - Such claim is considered by framing an issue, which is in accordance with pleadings and evidence on record - It is thus, not open for defendant to plead that directions issued in impugned..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Allotment of land -- Plea of pre-partition tenants - Appellants challenged allotment of land in favour of State by claiming themselves pre-partition tenants - Grievance of appellants is that their right to continue in possession has been put in jeopardy when State issued an auction notice - Challenge in writ petitions was not to seek establishment of any right of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Filed by subsequent purchasers - Partition suit - Appellants filed second appeal before High Court and they were not parties before Courts below, but have interest in subject matter - Application for additional evidence also filed along with appeal - Substantial questions were framed - However, substantial..........
Hindu Succession Act, 1956, Section 6 -- Right of daughter - Partition suit - Daughter cannot claim higher right than right of her father...........
