Hindu Law -- Ancestral property or self acquired property - Plaintiff contended that suit property was purchased by her from funds given by her father under registered sale - However, there is specific defence of defendant that though property was purchased in the name of plaintiff but it was purchased from joint family income and it is given to defendant in partition -..........
Hindu Law -- Hindu Co-parcenary Property - Partition effected by family arrangement - Parties took possession of their respective shares and was enjoying the same, even their names were mutated to revenue records - Held, trial court rightly held that plaintiffs are estopped from challenging the existence and validity of partition...........
Agreement to sell -- Specific performance - Co-owners - A co-owner can alienate his share in the joint land and can even give possession of the same - However, it is subject to partition amongst co-owners...........
Court Fees Act, 1870, Section 7(iv)(b), Article 17(vi) -- Court fee - Suit for partition - Co-owners - Unless ouster is pleaded, co-owners would be deemed to be in joint possession of a joint property and in a suit seeking partition court fee of Rs.19.50 has to be affixed and not with reference to value of property with reference to share of parties to be separated...........
Hindu Succession Act, 1956, Section 14(1) -- Transfer of suit land by widow by registered sale deed - Widow was successor-i, interest of suit land which came to share of her husband in family partition and as such was absolute owner of suit land - Decree for declaration and possession of suit land in favour of appellant was rightly passed which could not be interfered by..........
Stamp Act, 1899, Section 2(15) -- Instrument of partition - Once in the document which was sought to be registered the fact that earlier partition had taken place between the legal heirs and possession had been taken in accordance with law with oral agreement the registration of that document recording in writing with effect would not come within the definition of..........
Stamp Act, 1899, Section 2(15) -- Memorandum of partition - Details of all the properties which have been divided and taken possession has been given in Memorandum of partition - Once possession was taken by all the co-sharers they seized to be co-owners of properties - The fact that no date and time has been mentioned will not render this Memorandum of Partition as..........
Partition -- Once, it is proved that partition proceedings were carried out at the back of plaintiff, then, partition proceedings as such are illegal and not binding on it - In that eventuality, land in dispute will be deemed to be a joint property of the parties and every co-sharer would be deemed to be in possession of every inch of land - In case, any co-sharer has..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Title - Possession - Suit for declaration that plaintiff is in actual possession of suit land and orders of partition passed by revenue authorities were inoperative against him - Partition proceedings duly ordered by Revenue Courts - Suit property had fallen to share of respondents and..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - In jamabandi defendant not depicted in possession of any specific land - In case defendant claims ownership or separate possession of any particular land, then appropriate remedy for him is to seek partition of joint property - Held, defendant cannot be permitted to forcibly..........
