Back
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Nirmalendu Karmakar – Appellant
Versus
Rathindra Nath Karmakar – Respondent
JUDGMENT :
Partha Sarathi Chatterjee, J.
1. Legality and propriety of the judgment and decree dated 19th April, 2018 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat, North 24 Parganas are under challenge in this appeal.
2. By the judgment and decree impugned, the suit for partition was decreed in preliminary form and parties to the suit were declared to be the owners of 1/3rd share each in the suit property and counter-claim filed by the defendant no.1 was dismissed.
3. Capsulated form of the facts leading to this appeal is that plaintiff filed one suit for partition and separate possession in respect of the suit property. Facts depicted in the plaint, in brief, are as follows :
ii. By virtue of a deed of gift vide. no. 6066 of 1972, the suit property was gifted to Gour Hari Karmakar being the son of the Gopal Chandra Karmakar. Gopal Chandra Karmakar expired on 21.8.1973;
iii. Gour Hari died intestate on 21.12.2010 leaving behind
The main legal point established in the judgment is that in the absence of legally enforceable documents, a claim to exclusive ownership of a property cannot be upheld, and the burden of proof lies w....
The court established that joint contributions to property construction entitle all contributors to claim shares, regardless of prior agreements.
An oral partition under Hindu law is valid if acted upon, thus denying claims to share post-partition by siblings who were not involved in the original arrangement.
The main legal point established in the judgment is the entitlement of the parties to partition of the suit property, rejection of preliminary objections raised by the defendant, and the passing of a....
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
