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List of Partitions Never Acted Upon or Recognized
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Partition Not Acted Upon or Recognized
Several cases highlight that mere claims or alleged prior partitions do not constitute effective or recognized partitions unless they are documented, acted upon, or legally recognized. For example, in BALAPPA @ BALACHANDRA BHOVI S/O BHIMAPPA SINCE DECEASED BY HIS LR’S. vs SMT. YALLAWWA BHOVI @ JATBHOVI W/O GADIGEPPA - Karnataka, the court found that the properties were ancestral, and the partition was reduced into writing, acted upon by the parties, with mutation entries made, thereby recognizing the partition. Conversely, in Asim Kumar Agarwalla S/o Late Parmeshwar Kr. Agarwalla Vs Jitendra Kumar Agarwalla S/o Late Banwari Lal Agarwalla - Jharkhand, the court emphasized that claiming a prior partition without substantive proof or registration does not dismiss a current partition claim, indicating that unacted or unrecognized partitions hold limited legal weight.
References: BALAPPA @ BALACHANDRA BHOVI S/O BHIMAPPA SINCE DECEASED BY HIS LR’S. vs SMT. YALLAWWA BHOVI @ JATBHOVI W/O GADIGEPPA - Karnataka, Asim Kumar Agarwalla S/o Late Parmeshwar Kr. Agarwalla Vs Jitendra Kumar Agarwalla S/o Late Banwari Lal Agarwalla - Jharkhand -
Legal Recognition and Effectiveness of Partition
Several sources underscore that for a partition to be valid and recognized, it must be properly documented, acted upon, or registered. For instance, Sukhbir Singh Choudhary vs Rajinder Perkash Choudhary - Delhi discusses that a partition decree or agreement must be duly executed and acted upon; mere allegations or unsubstantiated claims are insufficient. Similarly, in SHRIDHAR DAMODHAR KOSHTI VS MARTAND YESHWANTRAO KOSHTI - Nagpur, a family agreement for partition, though not physically documented, was acted upon when Shri Trimbak separated from the family in 1922, reinforcing that conduct and family acceptance can establish effective partition.
References: Sukhbir Singh Choudhary vs Rajinder Perkash Choudhary - Delhi, SHRIDHAR DAMODHAR KOSHTI VS MARTAND YESHWANTRAO KOSHTI - Nagpur -
Continuing Right to File for Partition
The right to seek partition is considered ongoing and not barred by previous suits or default dismissals, as clarified in Phagoo VS Gokaran - Allahabad. The courts recognize that even if a prior suit was dismissed or not acted upon, a subsequent suit can be filed, provided the partition has not been legally effected. This underscores the principle that partition rights persist until formally recognized or completed.
Reference: Phagoo VS Gokaran - Allahabad -
Unrecognized or Unacted Partitions in Specific Cases
Some cases involve disputes over whether alleged partitions were recognized or acted upon. For example, BALAPPA @ BALACHANDRA BHOVI S/O BHIMAPPA SINCE DECEASED BY HIS LR’S. vs SMT. YALLAWWA BHOVI @ JATBHOVI W/O GADIGEPPA - Karnataka found the partition valid due to written agreement and subsequent actions, whereas Asim Kumar Agarwalla S/o Late Parmeshwar Kr. Agarwalla Vs Jitendra Kumar Agarwalla S/o Late Banwari Lal Agarwalla - Jharkhand rejected claims of prior partition due to lack of proof. In Tirtha Lal Dey VS Srimati Bhusan Moyee Dasi - Madras, an amicable partition among brothers was recognized based on possession and acceptance, but the arbitrator's role was limited to allotment, not formal partition.
References: BALAPPA @ BALACHANDRA BHOVI S/O BHIMAPPA SINCE DECEASED BY HIS LR’S. vs SMT. YALLAWWA BHOVI @ JATBHOVI W/O GADIGEPPA - Karnataka, Asim Kumar Agarwalla S/o Late Parmeshwar Kr. Agarwalla Vs Jitendra Kumar Agarwalla S/o Late Banwari Lal Agarwalla - Jharkhand, Tirtha Lal Dey VS Srimati Bhusan Moyee Dasi - Madras
Analysis and Conclusion
The legal landscape indicates that a partition is considered valid only when it is properly documented, acted upon, or legally recognized through registration or mutation entries. Unacted or unrecognized partitions, even if claimed, do not hold substantive legal validity. The courts emphasize the importance of proof, formalities, and family conduct in establishing effective partition. Moreover, the right to seek partition remains open until a formal and recognized partition is effected, as highlighted in multiple rulings.
References: Overall synthesis from all sources.
Search Results for "List of Partition is Never Acted Upon or Recoganized"
2025 Supreme(Online)(KAR) 9227 • India - IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ASHOK S. KINAGI, UMESH M ADIGA, JJ
(A) Karnataka Land Reforms Act, 1961 - Section 2(12) - Hindu Succession Act, 1956 - Section 6 - Partition and separate possession ... (Paras 22, 28, and 30) ... ... Facts of the case: ... The plaintiffs filed a suit for partition ... have proved that the suit properties are ancestral in nature - Defendants failed to substantiate their claim regarding a prior partition ... The partition was reduced into writing and the parties have acted upon, and the mutation entry was made after d....
2025 0 Supreme(Jhk) 419 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J.
Defendants argue an earlier partition occurred, supported by a 1982 Memorandum recognized by tax authorities. ... ... ... Ratio Decidendi: The court reinforced that merely claiming a prior partition is not sufficient to dismiss a partition claim ... Plaintiff contends no complete partition has taken place. ... It is the case of the plaintiff that there has never been any registered partition amongst the family member of Banwari Lal Agarwalla; there has not been any ....
2025 Supreme(Online)(Del) 6797 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Anil Khetarpal, Harish Vaidyanathan Shankar, JJ
(A) Code of Civil Procedure, 1908 - Section 151 - Preliminary decree for partition - Review Petition dismissed on grounds of lack ... The Respondents maintain their entitlement despite Appellants’ claims regarding relinquishment and prior partition. ... (Para 6) ... ... (B) Appeal against review of preliminary decree - Appellants claim false execution of a Partition ... It is further submitted that the alleged Deed of Partition dated 21.11.2000 has been duly acted upon by the parties....
2023 0 Supreme(Cal) 673 • India - Calcutta
SOUMEN SEN, UDAY KUMAR
suit was passed after probate was granted in favor - Partition decree passed by Justice Costello on construction of Will - right ... of the plaintiff qua the suit property is not under any ‘cloud’ and well established having regard to the Will, partition decree ... male line of succession on death of his sons and it is in source of title to all being perfected by final decree - Final decree in partition ... The evidence on record clearly shows that the partition decree dated 24th July 1931 and the gift deed were #HL_STAR....
2024 Supreme(Online)(DEL) 10960 • India - High Court of Delhi
MR. JUSTICE JASMEET SINGH, J
56) ... ... Facts of the case: ... Plaintiffs, minors, sought to declare certain property transactions void and partition ... Decidendi: The court ruled that a consent decree was not established, allowing the plaintiffs to pursue their claims regarding the partition ... List for further proceedings on 09.07.2024 before Joint Registrar. ... Bawa is right when he urges that Tarun Kumar's right to have the partition re-opened depends upon proof that it was unfair or unjust or detrimental to the interest....
2014 0 Supreme(Ori) 149 • India - Orissa
I.MAHANTY
While the consolidation authorities exercised special jurisdiction conferred upon ... them by the statute and were competent to adjudicate upon the question of right, title and interest in the land, yet, the question ... It is also the admitted fact that the petitioner’s adoption by Narahari had came to be accepted and had been acted upon. ... It is further submitted that there was an amicable partition between three brothers, namely, Gobinda, Bata and Narahari and all of them had possessed 1/3rd share ....
1949 0 Supreme(Mad) 176 • India - Madras
B.K.MUKHERJEA, MEHRCHAND MAHAJAN, H.J.KANIA, S.FAZL ALI, M.PATANJALI SASTRI
arbitrator ignoring the widow of one of the brothers who died during pendency of proceedings for portioning family properties and not recognized ... The arbitrator however was not called upon to make any partition of properties amongst the heirs of Kunja Lal inter se. His sole function was to allot them in three shares only. ... The partition was to be completed within a period of six months but “if more time be necessary to complete the said work of partition you will be entitled to extend the time by ....
1913 0 Supreme(Mad) 317 • India - Madras
MILLER
Fact of the Case: The case involved a property dispute arising from a partition suit among Muhammadaus. ... It recognized benami transactions as valid and enforceable against ostensible owners, despite the need for strong proof. ... It recognized benami transactions as valid and enforceable against ostensible owners, despite the need for strong proof. ... Appeal Suits Nos. 139 and 210 of 1910 have been filed against the preliminary decree in a partition suit among Muhammadaus, and Appeal Suits Nos. 224 and 225 of 1911 ....
1953 0 Supreme(Nagpur) 76 • India - Nagpur
HIDAYATULLAH, R.KAUSHALENDRA RAO
The agreement was acted upon by the family in 1922 when Shri Trimbak separated from the family. ... The power of a Hindu father to represent his minor sons as the head of his branch in matters connected with partition is well recognized ... A valid agreement for partition may be made during the minority of one or more of the coparceners. ... It is true that Shri Trimbak Dalai has not produced the partition list, which he says he possesses, but we cannot hold that agai....
2024 0 Supreme(All) 957 • India - Allahabad
J. J. MUNIR
not bar subsequent suit for partition - Right to partition is a continuing right. ... (A) Hindu Succession Act, 1956 - Sections 4 and 14 - Hindu Widows' Remarriage Act, 1856 - Partition suit - Plaintiff claimed 1/3rd ... (Paras 26-31) ... ... (C) Res Judicata - Dismissal of earlier partition suit in default does ... In other words, the joint owner can file a suit for partition until partition is actually effected irrespective of the fact whether earlier suits for such parti....
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