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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

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.

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.

The person holding an un registered Power of attorney has no right to transfer the immovable property worth more than 100

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

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

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

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

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

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

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

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

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

plaintiff could have filed a suit for the relief of declaration that he is not bound by the registered partition deed dated 31.03.2004 under Ex.A3 as he is not a party therein. - suit on 2008 barred by limitation