Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAMESH CHAND MALVIYA
Lalita Devi W/o Nageshwar Pd. Singh – Appellant
Versus
Jugal Kishor Singh son of Late Raghunandan Pd. Singh – Respondent
JUDGMENT :
Heard learned counsel for the appellants as well as learned counsel for the respondents.
2. This First Appeal has been filed against the judgment dated 26.02.2011 and decree dated 17.03.2011 passed by the learned Sub-Judge III, Katihar (hereinafter referred to as ‘Trial Court’) in Title Suit No. 88 of 2001 wherein the plaintiff/appellants suit for partition of 2/3rd share in Schedule-I and Schedule-II properties was dismissed by the learned Trial Court.
3. For the sake of convenience, the parties where required shall be referred to in terms of their status before the learned Trial Court.
4. The facts of the case, in brief, is that the plaintiff/appellants instituted the aforesaid Title Suit No. 88 of 2001 claiming partition of 2/3rd share in the properties described in Schedule-I and Schedule-II of the plaint. According to the plaintiffs, the parties (plaintiff and defendant Ist set) belong to joint Hindu Mitakshara family having a common ancestor, namely Krishna Dayal Singh, who died leaving behind four sons, namely Gaya Singh, Hardeo Singh, Kailash Singh and Rajendra Singh. The plaintiffs are the sons of Late Rajendra Singh, whereas the defendants (Ist set) are the descend
The burden of proof in establishing joint family property and partition lies with the party alleging its existence. The court also emphasized the entitlement of daughters to share in joint Hindu fami....
A joint Hindu family property remains joint unless proven otherwise; the burden of proof lies on the party claiming separate ownership, requiring credible evidence.
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
A party seeking partition must challenge the validity of prior transactions affecting the property and cannot seek partition of property that has been sold and is in the possession of third parties w....
The presumption of joint family status in Hindu law requires clear evidence to establish prior partition; the Appellate Court allowed partition of one property acquired post-partition while dismissin....
The court reaffirmed that for a valid partition among joint family properties, proper registration and absence of fraud are crucial, emphasizing joint possession and familial rights.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
