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Results of partition deed

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Showing : 91-100 of 262 Results

KERALA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Where a property is transferred subject to a condition or limitation absolutely restraining the transferee or persons claiming under him from parting with or disposing of interest in property except in case of lease, such condition or limitation should be treated as void...........

KERALA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 10 -- Condition restraining alienation - Partition deed - Applicability of S.10 - Though S.10 of TPA may not be directly applicable to a deed of partition, but absolute restrain on alienation in a deed of family settlement or partition will be invalid on general principles of law...........

KERALA HIGH COURT

Year of decision: 2018
Details

Transfer of Property Act, 1882, Section 11 -- Restriction repugnant to interest created - Partition deed - Condition of inalienability - Imposition of condition cannot be treated as one for beneficial enjoyment of any property included in the partition deed, but only for personal need of surviving members of family - Second part of S.11 of the Act cannot save the clause in..........

KERALA HIGH COURT

Year of decision: 2017
Details

Kerala Stamp Act, 1959, Article 42(1) -- Quantification of stamp duty - Partition deeds - Where there are more than two co-owners, each of such co-owner should be related to at least one other and in case there are only two co-owners, they should relate to each other in enumerated categories of relationship prescribed in explanation to Art.42 at time of execution of..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed defendants - Defendant in her..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Registration Act, 1908, Section 17, Stamp Act, 1899, Section 35 -- Partition deed - Nature of document - Document whether is partition deed or partition list has to be gathered from language of the document - Merely partitioning of properties by metes and bounds and taking over possession and recording the same in partition list on same day, it cannot be presumed that..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Xerox copy of partition deed - Original partition deed alleged to be in possession of defendant - Notice u/s 66 of the Act to produce the original partition deed was issued to defendant - However, defendant denied such possession - But existence of document itself is not denied by defendant at this stage - Document..........

MADRAS HIGH COURT

Year of decision: 2017
Details

Hindu Succession Act, 1956, Section 6 -- Partition - Allotment of share - Partition took place as per registered document between grandfather, father, plaintiff and his brother/defendant in 2009 - Plaintiff and defendant no.2 held, entitled to 5/12th share and defendants 1 and 3 are entitled to 1/12th share each as per partition deed...........

ORISSA HIGH COURT

Year of decision: 2017
Details

Specific Relief Act, 1963, Section 38, Registration Act, 1908, Section 49(c), 50 -- Suit for declaration of title - On basis of unregistered partition deed - In the absence of any prayer to set aside registered partition deed, suit is not maintainable...........

KARNATAKA HIGH COURT

Year of decision: 2017
Details

Joint family property -- Suit for partition - Execution of relinquishment deed - Plaintiffs executed relinquishment deed and relinquished their right, title and interest in joint family properties on their own will and volition receiving an amount of Rs.6 lakhs from defendants - But later they took the plea that deed was obtained by fraud - Except ipse dixit statement of..........

Showing : 91-100 of 262 Results