AI Overview...
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Partition Rights Post-Oral Partition - Once an oral partition has been executed, a party can still seek a formal or legal partition of the property, including requesting a separate common passage if applicable. The key is that oral partition alone does not bar subsequent legal action for partition or for rights such as a common passage Syed Basheer Malik VS Jameela Begum - Karnataka.
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Effect of Oral vs. Registered Partition - An oral or informal partition does not necessarily preclude the parties from later asking for a formal partition, especially if the initial partition was not registered or legally documented. Registration and formal deeds are crucial for enforceability, but the right to seek partition remains GANPAT GANGAJI PATIL VS NAMDEO BHAGWANJI PATIL - Nagpur.
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Common Passage Rights - In cases where a partition has been done, whether oral or formal, parties can again request for common passage if the partition did not explicitly allocate or restrict such rights. The existence of a prior partition does not inherently extinguish rights to common passage unless specifically barred or settled Indu Singh VS Prem Chaudhary - Delhi.
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Legal Proceedings and Partition Claims - Courts recognize the right to seek partition even after prior partitions, whether oral or registered, provided there is no final and binding legal document that conclusively settles the partition rights. Parties can contest or request for rights like common passage in subsequent suits CHINNAMMA VS R. VENKATASWAMY - Karnataka.
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Specific Legal Contexts - Under Hindu law, prior partition or severance of status may not apply to Muslims, who can still seek partition and separate possession, including rights to passages, irrespective of previous arrangements Imamsa Chandas Gurikar, (Died on 12. 11. 2007) Since deceased by L. Rs. VS Mohdinsa Nabisa Gurikar, Since deceased by L. Rs. - Karnataka.
Analysis and Conclusion:
Based on the sources, once an oral partition has been done, a party can still legally ask for a formal partition or for rights such as a common passage. The key factors are whether the prior partition was legally documented and whether it explicitly addressed passage rights. If not, the party retains the right to seek such rights through legal action, and prior oral partitions do not bar future claims for common passage or further partition.
Search Results for "If Oral Partition is Done can a Party again Ask for Common Passage Separately"
1940 0 Supreme(Nagpur) 5 • India - Nagpur
STONE, VIVIAN BOSE
Partition - Family Property - Registration Act, Section 17(1)(b) - Summary Fact of the Case: Plaintiff sued for partition ... Ratio Decidendi: The court held that the unregistered deeds of partition were ineffective to bring about a partition, but ... The defendant argued that a partial partition is not permissible and that the entire family estate must be brought into the hotchpot ... The only relevance of the partition of 1924 is that if it never took place then the plaintiff would....
2015 0 Supreme(Kar) 1226 • India - Karnataka
N.KUMAR, B.VEERAPPA
These is no dispute that a party can ask for an equitable partition. ... Transferee from a party of property which is subject matter of partition can exercise all the rights of the transferor. ... A transferee from a party of a property which is the matter of partition can exercise all the rights of the transferor. ... A transferee from a party of a property which is the subject matter of partition can exercise all the rights of the....
1955 0 Supreme(AP) 252 • India - Andhra Pradesh
CHANDRA REDDY, BHIMASANKARAM
S. 466 of 1910 for a division of the properties that seemed to have been enjoyed in common between himself and his two paternal uncles ... father was a party. ... PARTITION - Joint Hindu Family - Partition of family properties - Suit for - Plaintiffs claiming 1/4th share in properties devised ... S. 466 of 1910 for a division of the properties that seemed to have been enjoyed in common between himself and his two paternal uncles. ... In this context, we may refer to a passage in Maynes....
2003 0 Supreme(Kar) 477 • India - Karnataka
V.G.SABHAHIT
-registered partition deed produced by the defendants -suit dismissed -MFA filed -at the time of execution of partition deed, plaintiffs ... -review -plaintiffs disputing the partition -issue dealt in by the Trial Court -no infirmity in the order. ... judgment ... Order 47, Rule 1 - Order 47, Rule 1 -Review -suit for partition ... by way of partition and plaintiff have no right over the property as ever since the date of oral partition, all are residing sepa....
1972 0 Supreme(Del) 232 • India - Delhi
AVADH BEHARI ROHATGI, JAGJIT SINGH
This property was separately allotted to the widow and the son of Abdul Haq as their exclusive share on partition. ... In 1916, a suit was instituted for partition of the estate of the common ancestor Hafiz Karim Baksh which was decided by the Senior ... If issue No. 1 is affirmed, whether the suit for the partition is competent? 9. ... In 1916, a suit was instituted for partition of the estate of the common ancestor Hafiz Karim Baksh which was decided by the Senior S....
2014 0 Supreme(AP) 1484 • India - Andhra Pradesh
B.SIVA SANKARA RAO
acquisition proceedings from respective shares of both of them and compensation paid individually, lands (item No. 2) being enjoyed separately ... Constitution of India – Civil Suit – Dismissal under – Suit for partition and possession – Reliefs sought ... in the plaint were for partition and separate possession declaring that the plaintiffs are entitled for 1/8th share each in the ... Attitude and values in the society have to change, for common good. In Merla Veera Venkata Satyanarayana Chowdary v. ... as the tenant in....
1992 0 Supreme(MP) 109 • India - Madhya Pradesh
R.C.LAHOTI
The daughters were tenants in common with the defendants in the mortgaged property and the mortgage debt. ... The mortgagee's daughters were necessary parties to the suit as they were tenants in common with the defendants in the mortgaged ... " ... ( 14 ) THE learned counsel for the appellants read out a passage from Monir's Law of Evidence, Vol. ... Firm Motilal Champalal, Owners, Hiralal Champalal, AIR 1941 Nag 5, a Division Bench of this Court held that in case of tenants-in-common, there is no unity of title. The tit....
2017 0 Supreme(Kar) 1268 • India - Karnataka
B.V.NAGARATHNA
The concept of partition and severance of status or concept of prior partition, which is in Hindu law would not apply to Muslims. ... No. 14/1961] - Section 2(1)(g) - Suit for partition and separate possession - Watan (Walikaraki) lands - Expression 'holder of a ... The appellants herein are entitled to seek the relief of partition and separate possession even though the parties are Muslims. ... Further, on the eastern side of house No.76, there is 6 ft. wide passage for approaching house No.75. ... As ....
1976 0 Supreme(Cal) 239 • India - Calcutta
PRADYOT KUMAR BANERJEE, RAM KRISHNA SHARMA
- SUIT FOR PARTITION - MAINTAINABILITY. ... alleged that they used to carry on business in dry fruits jointly and used to mess together and formed a joint family and had a joint common ... Whether the suit for partition is maintainable? Ratio Decidendi: 1. ... for partition is maintainable. ... The said three plots were renumbered as 16A, 16B and 16C, Ibrahim Road and the same were divided into three portions by defendant No.1 and each portions were separately numbered as 16A, 16B and 16C, Ibrahim Road.....
2018 0 Supreme(Del) 1343 • India - Delhi
S.RAVINDRA BHAT, VALMIKI.J.MEHTA, R.K.GAUBA
Civil Procedure Code, 1908 - Order 20 Rule 18(2) - Stamp Act, 1899 - Section 2(15) - Article 45 of Schedule I - Partition ... duty - Liability to pay - Liability to pay stamp duty on a sale deed is distinct from liability in respect of an instrument of partition ... The expression ‘partition’ therefore is understood in common parlance as being in the nature of physical division of the property/properties, and which legally is called as partition by metes and bounds. ... the stamp duty which is fixed on ....
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