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Partition

stranger to suit dispossession decree holder redelivery
Case BriefsSupreme Court

Can a stranger to a suit, dispossessed of immovable property by decree-holder, seek redelivery? Supreme Court answers

Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.

Published on October 16, 2024October 18, 2024By Sucheta
Leave a comment8257 views
Delhi High Court
Case BriefsHigh Courts

‘Can only claim partition of assets of HUF as on the date of institution of suit’; Delhi HC dismisses plea seeking amendment of plaint to include alienated shares worth Rs. 15,30,00,000

The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.

Published on May 27, 2024May 29, 2024By Editor_4
Leave a comment2133 views
Delhi High Court
Case BriefsHigh Courts

Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will

“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”

Published on April 26, 2024May 2, 2024By Arunima
Leave a comment4529 views
rescind partition on ground of fraud
Cases ReportedNever Reported Judgments

Never Reported Judgment | Prayer to rescind partition on ground of fraud cannot be entertained after several years, when party had access to accounts for due diligence [(1952) 2 SCC 316]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on rescinding partition on ground of fraud.

Published on December 10, 2023December 10, 2023By Simranjeet
Leave a comment2552 views
partition Hindu Law
Cases ReportedNever Reported Judgments

Never Reported Judgment | When Supreme Court determined title to Pune’s Hadapsar lands that remained undivided in partition of family property [(1952) 2 SCC 104]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on partition of Hadapsar lands under Hindu law.

Published on October 29, 2023October 29, 2023By Simranjeet
Leave a comment2944 views
Case BriefsSupreme Court

Property exclusively in the possession of a person whether to be considered joint family property?: Supreme Court answers

    Supreme Court: In a case where an appeal was filed against the decree of the trial Judge holding that the

Published on November 29, 2022December 1, 2022By Editor_4
1 Comment4186 views
Case BriefsSupreme Court

Supreme Court puts an end to about a century-old land dispute under U.P. Consolidation of Holdings Act

Supreme Court: While deciding about a century-old land dispute, the Division Bench of Hemant Gupta and V. Ramasubramanian*, JJ., upheld the impugned

Published on July 15, 2022July 21, 2022By Editor_4
Leave a comment4227 views
Case BriefsSupreme Court

Long co-habiting couple’s child cannot be disentitled from family property in absence of proof against presumption of marriage: Supreme Court 

“Law leans in favour of legitimacy and frowns upon the bastardy.”

Published on June 16, 2022June 16, 2022By Prachi Bhardwaj
Leave a comment3786 views
Bombay High Court
Case BriefsHigh Courts

In a suit for partition, the heads of all the branches are necessary parties: Bom HC

Bombay High Court: Mangesh S. Patil, J., decided on the following questions for consideration: Whether in a suit for partition and possession

Published on April 26, 2022April 28, 2022By Bhumika Indulia
1 Comment9612 views
Case BriefsSupreme Court

Can step-children claim property right in mother’s mehar after her death? Does a registered mehar deed become unenforceable for being nominal? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and B.R. Gavai*, JJ., upheld the impugned judgment of the High Court wherein

Published on March 31, 2022April 8, 2022By Editor_4
Leave a comment2925 views
Case BriefsSupreme Court

Not mandatory to register partition document only detailing how the properties are to be dealt with in future: SC

Supreme Court: The bench of L. Nageswara Rao, BR Gavai and BV Nagarathna*, JJ has held that a document of partition which

Published on February 3, 2022February 4, 2022By Prachi Bhardwaj
1 Comment23200 views
Case BriefsSupreme Court

Explained| Who can claim share in the inherited property of a female Hindu dying issueless and intestate? 

Supreme Court: The bench of SA Nazeer and Krishna Murari*, JJ has held that if a female Hindu dies intestate without leaving

Published on January 24, 2022January 28, 2022By Prachi Bhardwaj
4 Comments9773 views
Case BriefsHigh Courts

Law on Fraud | Registration of document by public officer while discharging public duty: A Fraudulent activity? AP HC decides

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., expressed that, “If a party to the document wants to annul the document, he

Published on October 13, 2021October 22, 2021By Bhumika Indulia
2 Comments11340 views
Saket Court
Case BriefsDistrict Court

Person was minor at the time of execution of sale deed, will registration of sale deed be invalid? Read detailed verdict on property dispute

South East, Saket Courts, New Delhi: Naresh Kumar Laka, Additional District Judge, decided a suit with respect to partition and permanent injunction.

Published on October 8, 2021October 8, 2021By Bhumika Indulia
3 Comments13524 views
Case BriefsSupreme Court

Whether registration of family settlement not “affecting” immovable property compulsory? Supreme Court decides admissibility of such settlement as evidence

“If the Khararunama by itself, does not ‘affect’ immovable property… there would be no breach of Section 49(1)(c), as it is not being used as evidence of a transaction effecting such property.”

Published on October 5, 2021October 8, 2021By Editor_4
Leave a comment15792 views
Case BriefsSupreme Court

Will a partition deed effected subsequent to commencement of the Urban Land (Ceiling and Regulation) Act prevent vesting of land with the State? SC decides

Supreme Court: The bench of Mohan M. Shantanagoudar* and Vineet Saran, JJ., addressed the instant appeal against the order of High Court

Published on February 21, 2021February 26, 2021By Editor_4
Leave a comment5610 views
Op EdsOP. ED.

Daughters: The New Equals?

by Niyati Karia and Urvi Jinsiwale*

Published on January 22, 2021January 22, 2021By Bhumika Indulia
2 Comments30343 views
Case BriefsHigh Courts

Pat HC | Whether transferee pendente lite have a right to be added as parties to partition suit? Court explains legal position

Patna High Court: Mohit Kumar Shah, J., while addressing the instant partition suit decided on the question as to whether: transferee pendente

Published on November 3, 2020November 12, 2020By Bhumika Indulia
1 Comment7486 views
Case BriefsHigh Courts

Chh HC | Affidavit filed under Or. 18 R. 4 CPC is not “evidence” within S. 3 of Evidence Act unless deponent is subjected to cross-examination

Chhattisgarh High Court: Sanjay K. Agrawal, J., allowed a second appeal against the order of the trial court as well as the First

Published on October 31, 2019November 2, 2019By Bhumika Indulia
Leave a comment18194 views
Case BriefsForeign Courts

SL CoA | Restitutio integrum can only be filed by a party to the action and the person must act in utmost promptness while seeking it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. dismissed the petition application by the petitioner. In

Published on May 27, 2019June 6, 2019By Bhumika Indulia
Leave a comment3266 views

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