Back
LISA GILL
Balwant Singh – Appellant
Versus
Sita Devi – Respondent
JUDGMENT
Lisa Gill, J.
Appellant-plaintiff has filed this regular second appeal challenging judgment and decree dated 29.08.1988 passed by the learned Sub Judge 1st Class, Charkhi Dadri whereby suit for declaration filed by the plaintiff has been dismissed as well as judgment and decree dated 15.02.1992 passed by learned Additional District Judge, Bhiwani whereby appeal filed by the appellant - plaintiff has been dismissed.
2. Brief facts necessary for adjudication of the matter are that appellant - plaintiff Balwant Singh filed a suit seeking declaration to the effect that he is owner in possession of the suit property as described in the plaint, with a further prayer that mutation No. 833 dated 25.07.1970, mutation No. 846 dated 20.09.1971 as well as order of Settlement Officer dated 29.09.1981 with regard to the partition of suit property alongwith mutation No. 1173 sanctioned on the basis of this order are illegal, null, void and not binding on the rights of the plaintiff. It is pleaded that Fakir Chand was the owner in possession of the suit property. He had three sons namely Rattan Singh, Sajjan Singh and Jawar Singh. Rattan Singh was issueless while Jawar Singh had four daught
Rule 73 of Rules reads as duties of Registering Officer.
Previous family partition and lack of joint family status preclude the plaintiff from claiming coparcenary rights under Hindu law amendments.
Execution of partition deed is legally binding and not rendered void by claims of inequity, with established limitations for challenging such deeds. Family settlements must not be reopened unless fra....
The main legal point established in the judgment is the requirement for compulsory registration of family settlement documents under Section 17(1)(b) of the Registration Act, 1908, and the inadmissib....
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
(1) Partition Suit – A Person who does not have a share in such property cannot be a party to a suit for partition.(2) Nomenclature of document, whether it was a sale deed or family settlement deed o....
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
