Can Common Areas Be Repartitioned After Buying a Co-Owner's Share?

These are the two portions of land which together form the area covered by the lots 1 to 9 which the defendant maintains was held in common. ... He indicated certain others who were entitled to interests in what he alleged was the larger common land of which lot 1 was a part and these were made party defendants. ... At the trial the main point upon which the parties concentrated was the question whether lot 1 was a separate entity or whether as pleaded by the defendant it wa....

R. 287.], that a co-owner may not put up a building on the common property in defiance of an objection expressed by another co-owner. It is one of the disadvantages of common possession that a co-owner may not build when another co-owner objects. ...     Co-owner-Objection to another building on common property-Right to an injunction-Cannot be compelled to bring partition action. ... A co-owner, who objects to another co-ow....

1925 0 Supreme(Nagpur) 144

Now in the great majority of partitions of common property, the partition is meant to be permanent. ... In this connexion, it may be mentioned that one of those other defendants, holding one anna share but no sir land at all, disclaimed all interest in the suit, but was not discharged and was made a respondent in this and in the lower appellate Court. ... The area in proportion to the share of the parties, which may be called their proper areas, and the areas they act....

1925 0 Supreme(Nagpur) 145

Now in the great majority of parturitions of common property, the partition is meant to be permanent. ... In this connection it may be mentioned that one of those other defendants, holding an one anna share but no sir land at all, disclaimed all interest in the suit, but was not discharged and was made a respondent in this and in the lower appellate Court. ... The area in proportion to the share of the partita, which may be called their proper areas, and the areas the....

2015 0 Supreme(Pat) 781

A partition of a property can be only among those having a share or interest in it. A person who does not have a share in such property cannot obviously be a party to a partition. “Separation of share” is a species of “partition”. When all co-owners get separated, it is a partition. ... ... In a suit for partition or separation of a share, the court at the first stage decides whether the plaintif....

1934 0 Supreme(Lah) 126

It was found by the trial Judge and has not been disputed here that the defendant is in possession out of common land of the village of much less than the area that would correspond to his share in the event of a partition. ... It was however doubted whether the principle of a remedy by partition would be applicable to the peculiar circumstances of the abadi land, more especially where the vacant land has already been reduced to a small area barely sufficient for the ....

2004 0 Supreme(Bom) 534

(i) one shade which is being used by the defendant as a residential house having area 65 x 40 ft. ... .(ii) One Tin shed used for storage of the agriculture material having area 32 x 25 feet (suit house), ... (iii) One Tin shed used as a cattle shed. ... If the father does not act bona fide in the matter when he effects partition of joint family properties between himself and his minor sons, whether wholly or partially, the sons on attaining majority may challenge t....

2025 Supreme(Online)(Pat) 343

Plaintiffs and defendant nos.12 to 14 are in collusion with one another and the suit is liable to be dismissed. ... DW-1 of defendant no.2 is the party himself. DW-2 of defendant no.2 is alleged common relative of party who deposed that only Kauleshwar Pd. Singh was separated but he was not present at that time and he does not know whether the other family members are partitioned or not. ... A partition of a property can be only among those having a share#HL....

2011 Supreme(Online)(SC) 28

It was only on account of this finding that the learned Judge persuaded himself to hold that S.4 of the Partition Act did not apply and that the appellant had no pre - emptive right to purchase the share of the property bought by the respondent. ... 5. ... possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting, at the date of transfer, the share or interest so transferred. ... Trans....

Delhi High Court

of the party asking for sale. ... The court has to Order valuation of the share of the party asking for sale. 4. ... which would be a common area along with the staircase and will create difficulties for future sale etc. ... That leaves the court only with the first mode of partition whereby the ground floor can be given to one party, the first floor can be given to other party and the....

2020 0 Supreme(Mad) 1373

As per the partition deed, ‘A’ schedule property was allotted to Kuppanagounder the father of the defendant and ‘B’ schedule property was allotted to Sivanmalai gounder (plaintiff). The cart track, which is the subject matter of the suit, is in ‘A’ schedule comprising S.No.587-C, which is the common cart track for enjoyment of both the sharers. The common well marked as ‘W1’ in the plaint sketch has to be used commonly by the plaintiff and the defendant. The partition acted upon and the parties are exclusive possession and enjoyment of their respective shares along with common area....

2020 0 Supreme(Mad) 1090

Such being the fact, even the plaintiff cannot alter such arrangements in their family. They have to enjoy the common area, as agreed in the partition deed.

2017 0 Supreme(P&H) 2584

The Commissioner again allowed the revision petition observing that "The partition case can be disposed off khewat wise unless the co-sharers are same in the common khewats and no body have objection for disposal of partition proceedings keeping the khewats common for partition proceedings. This led to the filing of another revision at the hands of the petitioners before the Commissioner of the Division. The A.C.Ist grade also to send his clarification as to why he has failed to comply with the orders of the Commissioner, Patiala Division, Patiala dated 03.5.2011. The speak....

2013 0 Supreme(Mad) 1748

(b) common area and facilities shall not be altered without the consent of all apartment owners. (c) common area and facilities shall remain in common and no apartment owner can seek for partition and division of the same. (d) Maintenance, repairs and replacement of the common areas and facilities, addition and improvements thereof shall be carried out in accordance with the provisions of Act and byelaws. (ix) Section 8 of the Act provides that no apartment owner shall add any material structure without consent from other apartment owners.

1998 0 Supreme(P&H) 355

Basically, partition of joint-land through the intervention of the Revenue Officers, is required to be done Khewat-wise, on receipt of the application for partition. In one application for partition, more than one Khewats can be combined for partition only, where the co-sharers are common; and not otherwise. It is the sweet will of the co-sharers, whether to seek partition of the joint-land comprised in one Khewat only, or for more than one Khewats. Although, before the Ld. F.C. (Appeals), while arguing the case before him, the parties had agreed to seek partition of the wh....