When Is Partition Complete? Understanding Key Legal Parameters

2024 0 Supreme(Bom) 1082

Rule 7 is important because it provides that if the partition is completed, the Collector shall hear any objections which the party may make, and shall either amend or confirm the partition. ... In this context, the term 'after the partition is completed' means after the process of measurement and preparation of the partition chart, and it does not mean after the actual partition is effected. ... It is also to be noted that before t....

2024 0 Supreme(All) 1445

The Supreme Court held “unless and until the final decree is passed and the allottees of the shares are to be in possession of the respective property, the partition is not complete”. A completed partition was explained as “a partition of the property by metes and bounds”. 28. ... In the case in hand, the petitioners, on an oral settlement, had already put in possession of the respective shares, the partition was completed much before the date of reducing in writing the memo of #HL_STA....

2023 0 Supreme(P&H) 3259

The term "completion of partition proceedings" appearing in Section 121 of the Act says that when partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect recorded therein. ... If any construction is raised on the land in question subsequently i.e. after the date of filing of applications for partition, same shall be ignored and land shall#HL_END....

Section 9 of the said Ordinance states the Decree for partition or sale given as hereinbefore provided shall be good and conclusive against all persons whomsoever, whatever right or title they have or claim to have in the said property. ... Babahamy(1) where he said that the intention of the Partition Ordinance was to give an indefeasible title to the purchaser to whom the land was sold when the sale was affirmed and completed by the certificate of the Court under Section 8, intended to say anything more than that....

High Court of Punjab and Haryana

However, it is clarified that the Revenue Officer concerned, who is seized with the partition application, shall permit the litigants concerned to plead, as well as, adduce evidence in respect, of the occurrence of the said oral partition ... Before parting, it is deemed necessary to refer to those questions of title, as, involved in a civil suit, rather also covering the partition application, and which may become the relevant lawful parameter, hence ... The above exercise be en....

shall, by its decree in the matter, have refused to grant the application for such partition or sale, as the case may be; and any such alienation or hypothecation shall be void." ... The same protection, therefore, which the Roman law gave to a person who had completed his title by possession our own law will give to a person who has completed his title by securing the delivery of a deed." ... Whenever any legal proceedings shall have been instituted for obtaining a pa....

  completed by  the  certificate  of the  Court under  section 8.    There.  ...   It is, I think, important to notice that the Ordinance enacts in section 9 " that the decree for partition or sale given as hereinbefore provided shall be good and conclusive against all persons whomsoever, &c." ...   On June 19 a commission was issued to partition the land. ...   The decree in a partition suit which is conclusive under section 9 of the Partition Ordinance (No. 10 of ....

2025 0 Supreme(Mad) 4634

It was agreed that the Suit Properties being enjoyed in common as joint family properties, shall be reserved for partition at a later point of tine. ... Korukonda Annapurna Sampath Kumar , reported in (2022) 15 SCC 475]; as regards partition, if such a written document acts as a document for partition rather than a document recording an earlier / completed partition, in such a scenario, it needs to be registered. ... A Preliminary Decree for partition declaring plaint....

Wendt J. and Sampayo J. held that an assignment by anticipation of "so much of the proceeds realised by the sale (i.e., under a decree for sale in a pending partition action) as shall represent the (vendor's) undivided share" was not obnoxious to section 17. In Louis Appuhamy v. ... On general principles, however, they seem to have agreed that a completed agreement intended to pass an immediate interest in land, pending partition proceedings, was obnoxious to Section 17. but that a dealing by anticipation with div....

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. ... As Jayawardene A.J. said when a document exactly in the same terms as the deed before us was sought to be construed as an agreement to sell-" P1 is clearly not an agreement to convey in the future but a completed transaction intended to pass an immediate interest in the property .... ... Partition action-Co-owner's transfer, pending action, of wh....

2021 0 Supreme(P&H) 1000

Suit for partition is pending and the final rights of the parties shall be determined at the time of partition. The Trial Court has already held that the respondents shall not claim any benefit for the construction raised by them during the pendency of the case.

2016 0 Supreme(Chh) 269

7. In case the interest of one co-tenureholder is to be sold to another co-tenure-holder willing to purchase it, the price of the interest to be sold shall be determined in accordance with the following principles:- (1) If a price agreed between the parties, such price should be accepted if it appears to have been arrived at bona fide. The partition shall take effect from the commencement of the agricultural year next following the date of such amendment or confirmation. 6. After the partition has been completed, the Tahsildar shall hear any objections which the parties may make, a....

2014 0 Supreme(P&H) 332

The term “completion of partition proceedings” appearing in Section 121 of the Act says that when partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect recorded therein. The joint status of the parties comes to end once partition order has been passed. The plain reading of Section 121 provides that instrument of partition is to be prepared after, the partition had been completed which means that once the distribution of revenue, rent etc. had been determined under Section 120 ....

2008 0 Supreme(Mad) 2591

"There shall be a preliminary decree for partition. The plaintiff in O.S. No. 56 of 1988, the daughter of Masi Ambalam and the Legal Representatives of the fifth defendant Lakshmi shall be entitled to half share each in 'A' schedule property and half share each in half of 'B' schedule property." The decree of the Court below is modified as follows:

2007 0 Supreme(P&H) 1495

8. The term “completion of partition proceedings” appearing in Section 121 of the Act says that when partition is completed, the Revenue Officer shall cause an instrument of partition to be prepared, and the date on which the partition is to take effect be recorded therein. The plain reading of Section 121 provides that instrument of partition is to be prepared after the partition had been completed which means that once the distribution of revenue, rent etc. had been determined under Section 120 of the said Act, partition is complete. The conclusion arrived at by it cannot....