Search Results for Tag : Partition

Judgments

Appellants must show that exceptional and special circumstances exist to reverse the findings, even after, leave is granted(28.08.2023)

The Appellants had filed a suit for partition and mesne profit way back in the year 1988, before the Court of Principal Munsif, claiming ancestral rig.....

Tags : Partition suit, Right, Special circumstances

An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded(23.03.2018)

In present suit, Plaintiff has filed the document dated 9th September, 1994 evidencing family settlement which was claimed by the Plaintiff as memoran.....

Tags : Partition, Document, Admissibility

Rights of daughters in coparcenary property are not lost merely because a preliminary decree has been passed in a partition suit(01.02.2018)

The Appellants herein contested the suit by claiming that, they were also entitled to share in the joint family properties, being daughters of Gurulin.....

Tags : Partition, Share, Coparceners

News

SC: Plaintiff in Partition Suit Not Disentitled to Seek Relief in Second Appeal(22.02.2022)

Supreme Court has observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was deni.....

Tags : Supreme Court, Plaintiff in Partition Suit

Supreme Court: No Limitation Period for Execution of Preliminary Decree for Partition(03.05.2017)

Supreme Court has held that there is no limitation period for execution of preliminary decree for partition.

Tags : Supreme Court, Partition

SC: Parties Can Seek Benefit of Amended Law if Passed Before Final Decree in Partition Suit(31.03.2023)

Supreme Court has held that if law governing parties has been amended before conclusion of final decree proceedings in a partition suit, the party ben.....

Tags : Supreme Court, Amendment, Final Decree, Partition Suit

SC: Partition of Property Can’t be Done by Metes & Bounds in Chandigarh(26.07.2024)

Supreme Court has restated that, due to the Chandigarh (Sale of Sites and Buildings) Rules, 1960 property cannot be partitioned by metes and bounds in.....

Tags : Supreme Court, Metes & Bounds, Partition of Property

SC: Findings Pertaining to Title in Partition Suit Can’t Bind Third Parties(19.06.2023)

Supreme Court while upholding title of successors of Ryot Cultivators over the ‘Paigah lands’ in Hydernagar, Telangana has held that any finding relat.....

Tags : Supreme Court, Title, Partition, Findings, Third Parties

SC: Under Mohammedan Law, Partition of Property During Owner's Lifetime is Impermissible(23.12.2024)

Supreme Court has observed that as the concept of partition is not recognized under Mohammedan Law thus the partition of a property through a gift dee.....

Tags : Supreme Court, Mohammedan Law, Partition of Property

ITAT: Partition/Family Arrangement is not Capital Gain(19.07.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that a partition or family arrangement cannot be treated as “transfer” for the purpose of .....

Tags : ITAT, Partition, Transfer

SC: Every Interested Party is a Plaintiff in Partition Suit(14.09.2023)

Supreme Court has held that in a suit for partition, every interested party is deemed to be a plaintiff. Law does not bar passing of numerous prelimin.....

Tags : Supreme Court, Partition Suit, Interested Party, Plaintiff

SC: No Need to File Separate Final Decree Proceedings in Partition Suit(14.06.2022)

Supreme Court has directed the trial courts dealing with partition suits to proceed suo motu with the case soon after passing the preliminary decree.

Tags : Supreme Court, Partition Suits, Suo Moto

SC: No Prohibition to Effect a Partition Without Written Instrument(17.08.2023)

Supreme Court has held that there is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the r.....

Tags : Supreme Court, Partition, Oral Understanding

SC: Limitation Begins from Date of Registration of Sale Deed that Constitutes Constructive Notice(04.04.2025)

Supreme Court while overturning High Court's decision upholding a decree in a partition suit filed 45 years after the sale deed was registered, has no.....

Tags : Supreme Court, High Court, Partition Suit

Calcutta High Court: Partition Decree is Executable Only After Stamp Duty Payment(10.02.2026)

Calcutta High Court held that a final partition decree becomes executable only after payment of stamp duty, but clarified that the decree holder may d.....

Tags : Partition Decree, Stamp Duty, Decree Holder

SC: No Partition Needed for Widow’s Limited Interest to Become Absolute under Section 14(1)(23.09.2026)

Supreme Court held that a Hindu widow’s limited interest inherited under the 1937 Act becomes absolute under Section 14(1) of the Hindu Succession Act.....

Tags : Partition; Widow; Limited Interest

Supreme Court: Courts May Grant Lesser Relief under Order VII Rule 7 CPC, But Not a Different Claim(30.07.2026)

Supreme Court held that Order VII Rule 7 CPC allows courts to grant a lesser or alternative relief arising from the pleaded and proved facts, but cann.....

Tags : Lesser Relief; Partition; Claim