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ANIL KSHETARPAL
Gursewak Singh – Appellant
Versus
Baldev Singh – Respondent
| Table of Content |
|---|
| 1. family settlements and declarations (Para 1 , 3 , 4 , 6 , 7 , 14) |
| 2. unregistered documents and res judicata (Para 2 , 11 , 20) |
| 3. evidentiary issues in family disputes (Para 8 , 9 , 12 , 18) |
| 4. legal standards for family settlements (Para 16 , 17 , 28) |
| 5. judgment rendered in favor of appellants (Para 30 , 31 , 32) |
JUDGMENT
Anil Kshetarpal, J.
The correctness of findings of fact arrived at by the Courts below is challenged by the plaintiffs in this appeal. Their suit for grant of decree of declaration to the effect that late Sh. Krishna during his lifetime partitioned the entire agricultural land, which was further reiterated by another memorandum of partition dated 09.06.1977 and that, the parties are the separate owners in possession of the area allocated to them, has been dismissed by both the Courts below. At this stage, it would be appropriate to draw a family tree to ensure clarity, which is drawn as under:-
Partap Singh
Kishan Singh
Bachan Kaur
Hardev Singh
Ajmer Kaur
Lal Singh
Surjit Singh
Jagroop Singh
Balvir Singh
Balvir Kaur
Gurdev Singh
Gursewak Singh
Amarpal Singh
Jeet Kaur
Nachhattar Kaur
Harpal Singh
Sinder Kaur
Baldev Singh
2. In the considered
Point of law: Family property – Settlement – Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said admi....
Point of law : Family property - Settlement - Admission - Statement made in the earlier plaint constitutes an admission under Order XII Rule 6 CPC. Thus, the Plaintiffs would be bound by the said adm....
Oral family settlements are valid and require no registration if acknowledged by all parties, and prior admissions bind parties in subsequent related suits.
(1) A document of partition which provides for effectuating a division of properties in future would be exempt from registration--Memorandum of understanding/family arrangement do not require registr....
In disputes regarding partition of joint Hindu family property, the burden of proof lies on the party asserting partition, and the presumption of jointness remains unless clear evidence to the contra....
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