AI Overview...
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Possession and Partition - New co-sharers can take possession only after the land has been partitioned. The court emphasizes that actual partition is necessary for a new co-sharer to possess the land legally, as joint possession without partition does not establish exclusive rights Sukhdev Singh VS Gram Panchayat Thikriwal - Punjab and Haryana.
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Legal Requirement for Partition - Partition proceedings under the Punjab Land Revenue Act, 1887, must be initiated separately for each khewat/khata. A purchaser of an undivided share becomes a co-sharer only in that specific khewat/khata, and mere joint possession does not suffice to establish ownership without formal partition Surinder Singh Sibia VS Jaswant Kaur - Punjab and Haryana.
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Effect of Sale and Possession - Transfer of possession through sale-deeds does not end the right of the original owner or co-sharers unless partition is effected. In cases where possession was handed over but no partition was formalized, the original rights persist, and possession alone does not confer exclusive ownership RAJBAHADUR VS MUKHYA RAJASVA ADHIKARI BASTI - Allahabad.
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Possession in Joint and Separate Shares - Co-sharers in a joint holding, even if in separate possession, require formal partition to establish individual rights. Family arrangements that allot separate shares do not automatically grant exclusive possession unless partition is legally recognized Prem Lal VS Amar Chand - Himachal Pradesh.
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Partition as a Prerequisite for Possession - Courts have consistently held that possession after partition is the basis for ownership rights. Without partition, co-sharers are considered to hold joint rights, and possession is not exclusive unless partition proceedings are completed Seema Devi VS Anoop Kumar - Himachal Pradesh.
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Partition Proceedings and Disputes - Proper partitioning involves demarcation and allocation of specific areas to each co-sharer. Disputes over passages, boundaries, or possession are resolved by partition orders that allocate specific rights and possession, making partition essential before a new co-sharer can take possession Jang Singh VS Harjit Kaur - Punjab and Haryana.
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Legal Consequences of Partition - The absence of formal partition delays the right of new co-sharers to take possession. Courts have ruled that possession gained before partition does not establish ownership rights, and formal partition is necessary to effectuate rights and possession Ram Rattan VS Deputy Commissioner - Punjab and Haryana.
Analysis and Conclusion:
Across the sources, the consensus is clear that a new co-sharer can only take possession of land after formal partition has been effected. Possession without partition does not confer exclusive rights, and legal proceedings must be initiated and completed to allocate specific shares. This ensures clarity in ownership and rights, preventing disputes over joint holdings.
Search Results for "New Cosharer to the Khewat can Take Possession only after Partition"
2011 0 Supreme(P&H) 1530 • India - Punjab and Haryana
ALOK SINGH
respective shares nor have shown what was the land revenue assessed and paid by them according to their respective shares after actual partition ... co-landholders on or before 26th January, 1950 or land was assessed to land revenue and has been in individual cultivation of a cosharer ... To make out case under the exemption clauses of Section 2(g) joint possession of all the share holders will not help. ... of the cosharer as per his actual share. ... In the present case, petitioner did not disclose their respective sha....
2019 0 Supreme(P&H) 358 • India - Punjab and Haryana
ANIL KSHETARPAL
Partition proceedings under the Punjab Land Revenue Act, 1887 should be initiated separately for each khewat/khata, and joining of ... The court also held that partition proceedings should be initiated separately for each khewat/khata, and that joining of land comprised ... The court held that a purchaser of an undivided share in a particular khewat/khata becomes a co-sharer only in that khewat/khata ... Khewat/Khata has direct relation to ownership whereas Khatauni n....
2013 0 Supreme(All) 2332 • India - Allahabad
RAM SURAT RAM (MAURYA)
per recital in sale-deed that ‘B’ handed over possession to ‘U’ in respect of his share in land in dispute—In term of Section 92 ... dispute—And became bhumidhar under Section 18 on basis of sale-deed executed by ‘B’ and his right never come to an end by ouster/partition—As ... of—Land in dispute was Khudkast—CO and SOC concurrently held was khudkast of “B” and “D”—And was jointly recorded in their names in khewat ... Act No. 1 of 1951 on the basis of sale-deed dated 11.6.1923 executed by Bajadi and his right has never come to an end by o....
1950 0 Supreme(All) 400 • India - Allahabad
WANCHOO, AGARWALA, P.L.BHARGAVA
The mortgagee obtained possession of the mortgaged property. ... But if he has lost his exproprietary rights, then he or his transferee can only obtain joint possession with the mortgagee who is ... Therefore, the plaintiffs, who are transferees of the equity of redemption have no right to recover exclusive possession of the plots ... D. 355 at p 357, expressed himself as follows: ... "now it is clear that prior to partition or to demarcation the interest of two or more coshares in sir extends to every ....
2021 0 Supreme(P&H) 626 • India - Punjab and Haryana
MAHABIR SINGH SINDHU
Issues: Whether respondent is a co-sharer in the khewat comprising the suit land? ... Fact of the Case: Respondent, claiming himself to be a co-sharer in the 'Khewat' comprising suit land, filed suit for ... Finding of the Court: Respondent is a co-sharer in the khewat comprising the suit land; he was having neither any knowledge ... in separate possession. ... Even otherwise, there is a clear distinction between the partition of a joint holding vis-a-vis mere separation of possession#HL....
2020 0 Supreme(HP) 726 • India - Himachal Pradesh
SANDEEP SHARMA
Constitution of India, 1950 - Article 227 – Civil Procedure Code, 1908 - Order 39 - Rule 1 & 2 - Suit land - Share - Possession ... co-sharers by way of family arrangement and at present, every co-sharer has been allotted separate share and they all are in exclusive possession ... much area, they are likely to get in the partition. ... Similarly, trial court also failed to take note of the fact that land comprised of khasra No. 1322 is in joint possession of the parties to the lis. 7. ... Plaintiff....
2022 0 Supreme(HP) 799 • India - Himachal Pradesh
SANDEEP SHARMA
fresh undertaking before learned trial Court to effect that in event of suit of plaintiff being decreed, she shall hand over vacant possession ... It was only held in the said cases that preparation of the instrument of partition is not a mere formality but it is a necessary document to make a partition decree effective and that it is the date given in the instrument of partition from which the partition is to take effect and also that the possession ... S. 122 of the....
2013 0 Supreme(P&H) 1219 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
It was further directed that Assistant Collector, Sonepat would partition the Khewat and the area coming to the share of the custodian would be disposed of in open auction. ... ... In the interregnum, Assistant Collector, IInd Grade, Sonepat, reported to the Collector on 29.10.1991 that the Tehsildar (Sales) was not competent to partition the joint Khewat and sanction mutation. ... Consequent upon the partition of the country in 1947, share of the Muslims cosharers, who migrated to Pa....
2020 0 Supreme(P&H) 631 • India - Punjab and Haryana
RAJBIR SEHRAWAT
Issues: Dispute over the existence and ownership of a passage after partition proceedings. ... Encroachment - Property Dispute - Partition Proceedings - [Order dated 30.09.2013] - [Khasra Nos. 36/2, 37/2, 43/2, 43 'ARA'] ... - The court dismissed the plaintiff's appeal, ruling that the partition proceedings had duly allotted separate passages and specific ... The defendant had filed a partition case and the partition was effected by keeping the possession of the parties intact. As per....
2024 0 Supreme(P&H) 1366 • India - Punjab and Haryana
VINOD S. BHARDWAJ
The respondent-plaintiff who claimed to be co-sharer in the joint Khewat, thus instituted a suit for possession by way of pre-emption. 3. ... It is further not disputed that Prithi Singh, brother of vendor Jai Narain also sold 2 Kanals of land out of joint khewat to plaintiff vide a registered sale deed Ex.P.1 dt.10.5.88 for a consideration of Rs. 2,000/- On the basis of the sale deed Ex.P.1, the plaintiff filed the present suit for possession ... The suit for pre-emption was instituted after the institution of applicati....
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