Is Partition Enforceable on Legal Representatives (LRS)? A Comprehensive Guide

2023 0 Supreme(Kar) 655

It has to be noted that the Apex Court also in the judgment referred by the petitioner's counsel in the case of Dr.Chiranji Lal (D) by Lrs. referred supra made it clear that starting point of period of limitation for execution of decree (for partition) and the same become enforceable from the date of ... The counsel also relied upon the judgment in the case of Dr.Dhiranji Lal (D) by Lrs. Vs. Hari Das (D) by Lrs#H....

The District Judge says that the plaintiff should have instituted an action for the recovery of Rs. 250 instead of seeking a partition of the land, but it is clear that the plaintiff could not do that, because the agreement on which the plaintiff claimed that sum was not enforceable in law. ... - The District Judge in his judgment calls this action a " partition suit, " and although the prayer of the plaint is not quite in accordance wit....

2024 Supreme(SRI)(SC) 12855

Section 4(2) of the Partition Law mandates every plaintiff to file a memorandum nominating legal representatives. 4(2). ... It may be noted that such nominees who are designated as legal representatives of the nominator need not necessarily be the heirs of the nominator. ... In view of section 81(7), every party and every person referred to in section 52 includes his legal representatives in the event of the death of su....

into in the said case from and out of all that land " (i.e., the subject of the partition suit) is valid and not obnoxious to section 17 of the Partition Ordinance. ... Partition action-Co-owner's transfer, pending action, of what would be allotted to him in the final decree-Conveys immediate interest in the property- Partition Ordinance (Cap. 56), s. 17. ... Wessels, basing himself on Voet and other well-known aut....

2025 Supreme(Online)(Kar) 23537

It is also required to be noticed that no application is filed to review the said judgment despite the judgment is brought to the notice of Parvathamma or her legal representatives in O.S.No.227/1996. ... This Court dismissed the appeal pursuant to the terms of the settlement/partition deed. Based on the terms of the settlement/partition deed produced before the Court, the decree is drawn. ... Learned counsel appearing for respondents would....

2022 0 Supreme(MP) 360

has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where any of them has died, for the benefit of the survivors and the legal ... Shri Vinay Vijayvargiya has submitted that the petition is liable to be dismissed, as admittedly, the decree passed in the present case was in a partition#HL_EN....

2025 0 Supreme(MP) 200

Civil Appeal No.7840/2023 , Sabbir (Dead) Through Lrs Vs. Anjuman (Since Deceased) Through LRs decided on 22.09.2023 in a href=".. ... of land and only after the order of partition is passed, the purchaser would get a specific piece of land. ... In the present case, admittedly, defendant No.1 did not take any action for partition of land and demarcation. Thus, it is not a case that although proceedings were initiated by ....

Partition Ordinance. ... namely, that the expression " the title of the parties to such shares or interests " means the title to the legal ownership, and that the words " right or title " are not intended to include obligations of an equitable nature, which, originally binding on the conscience, have subsequently come to be enforceable ... Partition-Trust not extinguished by decree-Right of cestui qui trust. A trust, express or const....

2025 Supreme(Online)(Kar) 30372

The dismissal of the suit on such a ground signifies that no enforceable right or cause of action subsist on account of death of all plaintiffs. 4. ... In the present case, no legal representatives of the deceased appellant have sought substitution within the statutory period, thereby reinforcing the conclusion that the appeal has abated. ... Furthermore, it is evident from the record that the suit for partition was dismissed on the ground ....

2025 Supreme(Online)(Kar) 23909

The Hon’ble Apex Court, in a catena of judgments, including Pundlik Jalam Patil (Dead) by Lrs. v. Executive Engineer Jalgaon Medium Project & Anr, [[2008] 15 S.C.R. 135]. and Lakshmi Engineering Works v. P.S.G. ... No. 30/1996 stood substantially clouded by the institution and pendency of the partition suit in O.S. ... Saraswathi, wife of Jinappa Khod along with her minor children, had instituted a separate suit for partition in O.S. No. 71....

2022 0 Supreme(Jhk) 137

It is argued on behalf of the appellant that partition by convenience cannot be treated as partition by metes and bound without any measurement. 7. The appeal has been preferred mainly on the ground that the suit property is part of the property acquired on 30.03.1943 by registered Sale Deed No. 343 measuring total area of land 1.40 acres by common ancestor Budhan Sahu and without any conclusive proof of previous partition by metes and bound, suit for declaration of title and....

2019 0 Supreme(Gau) 636

The agreement remains enforceable by or against the legal representatives of the deceased. In case of death, it is enforceable by or against the legal representatives of the deceased. Supreme Court held that it is clear from Section 40 of the 1996 Act that an arbitration agreement is not discharged by the death of any party thereto. Referring to the definition of "legal representative" under Section 2(1)(g) of the 1996 Act, Supreme Court observed that this d....

2018 0 Supreme(Del) 356

Section 40 clearly says that an arbitration agreement is not discharged by the death of a party. The agreement remains enforceable by or against the legal representatives of the deceased. In our opinion, a person who has the right to represent the estate of deceased person occupies the status of a legal person.

2017 0 Supreme(Raj) 1521

Therefore, on question No. 2 no case for interference in the judgment of appellate court is made out. Tenancy of the appellant has been determined and all co-owners have been substituted as landlords and therefore, unless & until compromise, if any, is executed by all the four co-owners, same was not binding and enforceable and therefore, rightly rejected by both the courts below. Such compromise, if any, is neither binding nor enforceable against other legal representatives.....

2016 0 Supreme(Mad) 3045

“(i) Whether Ex.A4 Agreement of Partition is enforceable considering that the appellant and the first respondent herein had no pre-existing rights to enter into such an agreement? While admitting these second appeals, this court framed the following common substantial questions of law:- (ii)Whether the judgment of the Lower Appellate Court is vitiated in that it has failed to see that the father of the parties did not cancel the Will Ex.B6 as per the recital of Ex.A4 Agreemen....