AI Overview...
- Share in Partition Suit - Main points and insights:
- Generally, in partition suits, each co-owner is entitled to claim their individual share of the property, which may include land and superstructure, depending on the nature of ownership and whether the property is joint or separate Ramesh Srinivasa Jannu VS Srinivas Vittoba Jannu since deceased by LRs. - Karnataka, Brahmvart Sanathan Dharam Mahamandal, Kanpur VS Prem Kumar - Supreme Court.
- The presence of superstructure does not automatically restrict a plaintiff to claim only in relation to the superstructure; they can seek partition of their respective shares in the entire property, including land and structures, provided they have a rightful claim Brahmvart Sanathan Dharam Mahamandal, Kanpur VS Prem Kumar - Supreme Court, Gurmala and Others VS Mohd. Ishaq and Others - Allahabad.
- Courts have held that ownership rights over superstructures can be distinct from land ownership; thus, a plaintiff can claim share in the superstructure if they have a share in the land or joint ownership rights Brigadier (Retd. ) Shyam Prasada VS Dayavati - Delhi.
- In cases where the property involves joint family assets or ancestral coparcenary property, plaintiffs can seek partition of the entire property, including superstructure, if it forms part of the joint family assets Kaliammal(died) by LRs & Another VS S. K. Subramanian & Others - Madras, Mohana vs L.Govindaraj (Died) - Madras.
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The claim to a share is not limited solely to the superstructure; the plaintiff can claim their share in the land and structures if they are part of the joint property or joint family asset Ramesh Srinivasa Jannu VS Srinivas Vittoba Jannu since deceased by LRs. - Karnataka, Gurmala and Others VS Mohd. Ishaq and Others - Allahabad.
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Analysis and Conclusion:
- A plaintiff in a partition suit involving superstructure can claim their share in the entire property, including both land and structures, especially when these are part of the joint or ancestral property.
- The nature of ownership (joint, separate, or benami) and whether the structures are constructed on joint land influence the scope of the claim.
- Courts generally recognize that ownership rights over superstructure are distinct but related to land rights, allowing claimants to seek partition of their respective shares in both.
- Therefore, in suits involving superstructures, plaintiffs are not restricted to claiming only the structures; they can claim their rightful share in the entire property, including land, structures, and rights derived therefrom, subject to proof of ownership or joint rights Ramesh Srinivasa Jannu VS Srinivas Vittoba Jannu since deceased by LRs. - Karnataka, Brigadier (Retd. ) Shyam Prasada VS Dayavati - Delhi.
References: - Ramesh Srinivasa Jannu VS Srinivas Vittoba Jannu since deceased by LRs. - Karnataka - Brigadier (Retd. ) Shyam Prasada VS Dayavati - Delhi - Kaliammal(died) by LRs & Another VS S. K. Subramanian & Others - Madras - Mohana vs L.Govindaraj (Died) - Madras - Brahmvart Sanathan Dharam Mahamandal, Kanpur VS Prem Kumar - Supreme Court - Gurmala and Others VS Mohd. Ishaq and Others - Allahabad
Search Results for "Can Plaintiff Claim his Share only in Partition Suits Involving Superstructure"
2000 0 Supreme(Kar) 757 • India - Karnataka
T.S.THAKUR, K.SREEDHAR RAO
The Court held that the Plaintiff had failed to establish both these requirements. ... This is a Plaintiff's appeal arising out of a Suit for partition of joint family property decreed in part by the 1st Additional ... with the help of the joint family nucleus was sufficient in itself to render the said property a joint family asset liable to be partition ... Viewed thus, the disputed part of the claim qua, which the controversy regarding the payment of the Court fee arises is limited to a decree for partition#....
2021 0 Supreme(Del) 8 • India - Delhi
RAJIV SHAKDHER
family members of deceased - Two interrelated suits for partition and validity of wills examined - Court emphasized that mere nominations ... Succession Act, 1925 - Sections 63 and 68 - Hindu Succession Act, 1956 - Section 14(1) - Testamentary matters and property disputes involving ... Dayavati spent money on construction of the superstructure and the conversion of the subject property from leasehold to freehold cannot be used to demonstrate that she had ownership of the land beneath the superstructure....
2008 0 Supreme(Mad) 3470 • India - Madras
G.RAJASURIA
Fact of the Case: The suit was filed for partition of ancestral coparcenary property. ... Benami Transaction - Partition Suit - Benami Transactions (Prohibition) Act 1988 - Section 4, Section 3 - The court discussed ... The trial court decreed the suit in favor of the plaintiff, but the first defendant appealed the decision. ... After his death, within a period of six months, dispute erupted between the plaintiff and defendants 1 to 5 in sharing the rents accruing from part of the suit properties. Hence, the suit for #....
2024 Supreme(Online)(Mad) 57084 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. P.T. Asha, J
(A) Civil Procedure Code, Section 100 - Appeal concerning judgements and decrees for partition and property rights - The case arose ... from multiple second appeals against common judgements regarding disputes over ancestral properties among family members, involving ... for partition. ... P.W2 in his cross examination has admitted that the properties, which are the subject matter of the suit O.S.No.215 of 1985 are part of the properties comprised in Ex.A1-Partition Deed, which was allotted to the share....
2016 0 Supreme(Mad) 1498 • India - Madras
P.R.SHIVAKUMAR
dissolution was genuine falls in the prohibited area as per Sections 69(11) and (2) of Act of 1932 which deserves confirmation - Plaintiff ... of power of attorney the parties could have got the dissolution Deed registered without any problem but the fact that only the plaintiff ... Procedure Code, 1908, Order 23, Rules 1(3) and 1(4) - Indian Partnership Act, 1932 Sections 69(1) and 69(2) Tamil Nadu Court Fees and Suits ... Article 45 deals with partition simpliciter. A deed of dissolution involving #HL....
1985 0 Supreme(SC) 208 • India - Supreme Court
O.CHHINNAPPA REDDY, R.B.MISRA
They are entitled to obtain partition of the separate portions of property so that each may enjoy her equal share of the income accruing ... The mere fact of partition between the two while it gives each a right to fruits of separate estate assigned to her, it does not ... imply a right to prejudice the claim of survivor to enjoy full fruits of the property during her life time. ... They are entitled to obtain partition of the separate portions of property so that each may enjoy her equal shar....
2013 0 Supreme(All) 1568 • India - Allahabad
SUDHIR AGARWAL
petition was allowed, setting aside the impugned judgment and decree, and directing the Trial Court to return the plaint to the plaintiff ... The reason assigned by the two co-owners therefore was that both have decided to demolish the superstructure and then to construct their separate houses on their respective pieces of land, which had fallen to their respective shares pursuant to the land partition proceedings. ... A Small Causes Court is expected to try suits of a comparatively simple character and, therefore, #HL_S....
2019 0 Supreme(Del) 1734 • India - Delhi
ANU MALHOTRA
The court held that the suit filed by the plaintiff seeking partition of the property was dismissed vide order dated 28.10.2015 ... Ratio Decidendi: The court held that the suit filed by the plaintiff seeking partition of the property was dismissed vide ... Finding of the Court: The court held that the suit filed by the plaintiff seeking partition of the property was dismissed ... Jaswant Rai and Another, RSA No. 46/2011 decided on 10.3.2011, to the effect: “That mere construction o....
2014 0 Supreme(Mad) 298 • India - Madras
V.RAMASUBRAMANIAN
... (iii) Cases involving grant of authority by the court after enquiry, as for example, suits for grant of probate or letters of administration. ... Firm Of Rampratap Kannyalal (AIR 1964 AP 201), a suit was filed for recovery of the share certificates pledged by the plaintiff with the defendant as security for a loan borrowed from the defendant. The defendant raised a plea that the suit was not properly valid. ... ... (iv)Cases involving serious and specific allegations of fraud, fabrication of docume....
1979 0 Supreme(Pat) 56 • India - Patna
BIRENDRA PRASAD SINHA, UDAY SINHA, S.SARWAR ALI
by consolidation proceeding - Suits with respect to right and title in land and certain other dependent reliefs abate - Suits involving ... are based on void-able documents suits do not abate. ... land and independent or unconnected reliefs does not abate in so far independent and unconnected reliefs are concerned - Where suits ... There the claim of the plaintiff was that the sale of his half share by his uncle was invalid, inoperative and void. In ....
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