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Showing posts from October, 2020
Partition suit by wife against her father and brother - died - husband will not be entitled to succeed to the property left by his wife, if she has acquired the property in question from her father
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suit for partition - declaration of sale deed null and void - plaintiffs is a literate fellow estopped from raising a plea that sale deed was signed before sub register believing to be mortgage deed - suit filed after 12 years of execution of sale deed beared by limitation.
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partition deed executed in the year 1947 was challenged in the year 1992 the parties claimed ignorance of the contents - contention rejected - documents executed before registering authority is valid and cannot be questioned after the period of limitation.
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The person holding an un registered Power of attorney has no right to transfer the immovable property worth more than 100
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Recitals in partition deed - Appellants received consideration of Rs. 2 lacks each from family fund - existent of family fund not established - partition deed declared as null and void for non payment of consideration - Partition suit filed after 33 years of father's death - not barred by limitation
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suit for partition - prayer to set aside partition deed dated 27.02.2002,settlement deed dated 09.07.2008 and sale deed dated 29-8-2019 void - suit filed on 10.09.2013 - plaintiffs is not party to documents - it cannot be held that suit is barred by limitation
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suit for partition - after commencement of trial seeking amendment to declaration of release deed and partition deed null and void - in suit for partition any property left out can be included at any stage either by plaintiff or defendant
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Defendant execute sale deed by ignoring the share of plaintiff - defendant is not entitled to to convey entire property - plaintiff not party to sale deed - there is no need for or seeking null and void
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Minor coparcenar is eo nominee party to sale deed - suit for partition is not maintainable in absence of prayer to set aside alienation made by karta
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It is made clear that in case the signatures and thumb impressions found in the disputed documents are found to be not that of the plaintiffs - plaintiffs liable to partition
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As a result of fraud alleged in the plaint against the mortgagee the decree and sale is a nullity in the eye of law and no declaration is needed for avoiding such a decree and sale
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Suit for Declaration and Partition-Suit Property was Sold When the Plaintiff was Minor - He could either file the suit within 12 years of the deed or within 3 years of attaining majority
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Even if the plaintiff is not a party to the partition deed under Ex.A3, he can maintain a suit for declaration that the said partition deed under Ex.A3, which is under dispute, is null and void
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