AI Overview...
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Distribution of Residue - Partnership Property
The distribution of the residue of partnership property among partners after settlement of accounts does not require registration under Section 17 of the Registration Act. The Supreme Court held that on dissolution, distributing the residue as per Section 48 of the Partnership Act treats it as a distribution of movable property, which does not necessitate registration NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH - Gujarat, NARANBHAI AMTHALAL PANCHAL VS RAMCHANDRA SOMNATH PANCHAL - Gujarat. -
Legal Character of Residue and Distribution
The residue, when distributed among partners, is considered moveable property (cash or assets) and is to be divided proportionally based on partners’ shares. This applies whether the distribution involves immovable or movable assets, and the process is governed by the Partnership Act S. V. Chandra Pandian VS S. V. Sivalinga Nadar - Supreme Court, N. Khaderwali Saheb (Dead) By Lrs. VS N. Gudu Sahib (Dead) - Supreme Court, S. V. S. Oil Mills, rep. by its partner S. V. Chandrapandian, Madras VS S. V. Sivalinga Nadar - Madras. -
Distribution Under Mahomedan Law
Under Mahomedan Law, the distribution of the residue among heirs or successors of a deceased is a duty attached to estate administration. This distribution is part of estate settlement and is based on the scheme of inheritance, regardless of whether the estate vests immediately or at a later time ISMAIL ABDUL RAHIM DECEASED THROUGH HIS HEIRS VS RUKAIYABIBI WD/O. GULAM MOHMAD ABDUL RAHIM DECD. THRO’ HEIRS - Gujarat, Nazarali Kazamali VS Fazlanbibi - Gujarat. -
Distribution in Specific Contexts (Water Dispute)
Disputes over the distribution of water residue (jhara) are governed by specific statutes like the Haryana Canal and Drainage Act, 1974. Such cases involve authorities like the Deputy Collector, and the residue (water) is allocated based on legal provisions, with the last person in line receiving the residue TELU RAM VS SUPERINTENDING CANAL OFFICER, BHAKRA WATER SERVICES CIRCLE-I, HISAR - Punjab and Haryana. -
Legal Procedures and Court Principles
Courts justify withholding residue payments until debts are satisfied, emphasizing the executors' and courts' roles in ensuring proper distribution. In cases of intestacy, residue is distributed according to law unless explicitly specified in a will Lokenath Mullick VS Odoychurn Mullick - Calcutta, J. N. Ghose VS B. B. Dasi - Calcutta.
Analysis and Conclusion
Overall, the distribution of residue—whether in partnership dissolution, estate succession, or specific resource disputes—is typically regarded as a matter of property transfer that does not require registration if it involves movable assets. The process is governed by relevant laws such as the Partnership Act, Mahomedan Law, or specific statutory provisions, with courts emphasizing proportional distribution and proper estate administration.
Search Results for "Distribution of Residue"
1994 0 Supreme(Guj) 193 • India - Gujarat
K.R.VYAS
Whether the distribution of the residue of the partnership property among the partners required registration under Section 17 of ... The distribution of the residue of the partnership property among the partners does not require registration under Section 17 of ... OF RESIDUE - REGISTRATION OF AWARD. ... The Supreme Court held that on dissolution of a partnership, distribution of residue among partners after settlement of account in terms of Section 48 of the Partners....
1993 0 Supreme(SC) 29 • India - Supreme Court
A.M.AHMADI, K.RAMASWAMY, M.M.PUNCHHI
of residue - Property falling to share of partner on distribution of residue would naturally then belong to him exclusively but ... would in eye of law be moveable property i.e. cash and hence distribution of residue among partners in proportion to their shares ... vested or contingent of value one hundred rupees and upwards to or in immovable property - Whether on dissolution of partnership distribution ... that has to be divided among the partners in the proportions in which they wer....
2013 0 Supreme(Guj) 134 • India - Gujarat
C.L.SONI
Under the Mahomedan Law, the distribution of the residue amongst the successors of the deceased person is a duty attached to the estate notwithstanding that it vests in the heirs at the time of the death of the propositus, and as the distribution of the residue forms part of the administration of the ... But, that would be distribution of the residue of the estate amongst the heirs and that is what is contemplated in the very scheme of the administration suit. ... time of the death of ....
1973 0 Supreme(Guj) 117 • India - Gujarat
M.U.SHAH, B.K.MEHTA
Under the Mahomedan Law, the distribution of the residue amongst the successors of the deceased person is a duty attached to the estate notwithstanding that it vests in the heirs at the time of the death of the propositus, and as the distribution of the residue forms part of the administration of the ... But, that would be distribution of the residue of the estate amongst the heirs and that is what is contemplated in the very scheme of the administration suit. ... propositus, and as th....
1881 0 Supreme(Cal) 186 • India - Calcutta
WILSON
The court reasoned that executors would be justified in withholding payment of a residue distributable to the estates until the debt ... entitled to share in the accumulated interest until the debt is satisfied, as executors would be justified in withholding payment of a residue ... Executors would be justified in withholding payment of a residue distributable to the two estates till the debt is satisfied. It is clear, what would be the duty of executors is the duty of the Court.
2003 1 Supreme 921 • India - Supreme Court
M.B.SHAH, ASHOK BHAN, ARUN KUMAR
30 -Registration Act, 1908-Section 17 -Arbitration award making distribution ... The distribution of assets may be done either by way of an arbitration award or by mutual settlement between the partners themselves ... While distributing the residue assets, the arbitrators allocated the properties to the partners. Section 48 of the Partnership Act was applied and the properties were allocated to the partners as per their share on the distribution of the residue. ... This Court took the view that the prop....
1994 0 Supreme(Guj) 190 • India - Gujarat
K.R.VYAS
of residue or surplus properties of dissolved firm among partners after settlement of accounts is not required to be registered ... (supra) has taken same view and held that arbitration award directing dissolution of the partnership firm and providing distribution ... The Supreme Court held that on dissolution of a partnership, distribution of residue among partners after settlement of accounts in terms of S. 48 of the Partnership Act is to be treated as distribution of movable property and does not res....
2015 0 Supreme(P&H) 2275 • India - Punjab and Haryana
PARAMJEET SINGH
Fact of the Case: The case involved a dispute over the distribution of water residue (jhara) from a watercourse. ... Jhara - Dispute over Water Distribution - Haryana Canal and Drainage Act, 1974, Section 55 - The court discussed the application ... of Section 55 of the 1974 Act, which empowers the Deputy Collector to order the use or distribution of water from a watercourse ... In this manner, jhara (residue) will go to the last person i.e. Mange son of Dhan Singh. ... Brief facts of the present case....
1922 0 Supreme(Cal) 40 • India - Calcutta
JOHN WOODROFFE, CUMING
The court applied the principles of intestacy to determine the distribution of the residue. ... did not contain a clear and unambiguous disposition of the residue. ... of his estate in his will, and therefore, the residue would be distributed according to the law of intestacy. ... Bat no order can be made on such application without the consent of the persons entitled to the legacies and the residue. ... Upon a reading of the whole I will come to the conclusion that the residue after p....
1993 0 Supreme(Mad) 701 • India - Madras
MISHRA, S.M.ALI MOHAMED
of the residue and a mere statement that certain properties were to exclusively belong to one partner or the other as the case may be, cannot change the character of the document or the nature of the assignment because that would, in any case, be the effect on the distribution of the residue . ... The Supreme Court has recorded in its reading the award, that on settlement of accounts the residue is required to be divided among the partners in proportion in which they were entitled to share the profits, the properties hav....
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