AI Overview...
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Declaration of Shares - Courts generally grant a declaration of share or ownership in co-sharer disputes, which clarifies the rights of each co-sharer in the property. Such declarations are essential for partition or specific possession issues. Sarla Kumari VS Santosh Kumari And Ors. - Punjab and Haryana, Sanjay Kumar Tripathi VS Suryakali Tripathi - Current Civil Cases, Satpal Kaur VS Joginder Singh - Punjab and Haryana, Madhukar Pranjivan VS Jagmohan Narottam - Calcutta
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Partition Proceedings - Partition is a key remedy in co-sharer disputes, and courts often pass preliminary decrees that declare the shares of each co-sharer. These decrees serve as declarations of the parties' respective rights and shares. Sanjay Kumar Tripathi VS Suryakali Tripathi - Current Civil Cases, Sarla Kumari VS Santosh Kumari And Ors. - Punjab and Haryana, JANKU VS NAGNOO - Himachal Pradesh
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Possession and Exclusive Rights - Co-sharers in possession of specific portions of the property are entitled to protection and can claim ownership over their respective shares. Possession of a part is deemed to represent the rights of the co-sharer in that part, and exclusive possession is a strong indicator of ownership. Satpal Kaur VS Joginder Singh - Punjab and Haryana, JANKU VS NAGNOO - Himachal Pradesh
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Out of Share Transfers - Co-sharers can transfer their share of the property; however, such transfers are subject to adjustment at the time of partition. Courts recognize that alienation beyond one's share can be addressed during partition proceedings. Pritam Singh VS Tara Singh - Punjab and Haryana
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Ouster and Ongoing Possession - Co-sharers in possession of their shares cannot be ousted without due process, and mere possession or occupation does not necessarily imply ownership of the entire property. Rights are protected unless a proper partition or declaration is made. DURGA CHARAN NAIK VS BANSHIDHAR NAIK - Orissa, Shaikh Tabrij VS Kedar Nath Dutta and Gdrudas Kundu Chaudhury - Calcutta
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Non-joinder of Co-sharers - Suit for partition or declaration need not always include all co-sharers, especially if their shares are specific and definite. However, necessary parties must be included to avoid affecting their rights. Zeyarat @ Jeyarat Hussain VS Kamsmali Mian - Patna
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Summary of Legal Position: Courts emphasize that a declaration regarding co-sharers' rights is a vital step in partition suits. Such declarations clarify ownership, protect possession rights, and facilitate equitable partition. Transfers by co-sharers are permissible but subject to adjustments during partition. Proper parties must be joined, and possession is a key factor in establishing rights. Sarla Kumari VS Santosh Kumari And Ors. - Punjab and Haryana, Sanjay Kumar Tripathi VS Suryakali Tripathi - Current Civil Cases, Satpal Kaur VS Joginder Singh - Punjab and Haryana, Madhukar Pranjivan VS Jagmohan Narottam - Calcutta
References: - Tara Singh, 1986 P.L.J. 177 - DURGA CHARAN NAIK VS BANSHIDHAR NAIK - Orissa - Shaikh Tabrij VS Kedar Nath Dutta and Gdrudas Kundu Chaudhury - Calcutta - HARI KRISHAN JOSHI AND ANR. vs JAGDISH LAL AND ORS. - Punjab and Haryana - Zeyarat @ Jeyarat Hussain VS Kamsmali Mian - Patna - Sanjay Kumar Tripathi VS Suryakali Tripathi - Current Civil Cases - Satpal Kaur VS Joginder Singh - Punjab and Haryana - Pritam Singh VS Tara Singh - Punjab and Haryana - JANKU VS NAGNOO - Himachal Pradesh
Search Results for "Partion with out Declaration of Sharers"
1996 0 Supreme(P&H) 949 • India - Punjab and Haryana
N.K.KAPOOR
Tara Singh, 1986 P.L.J. 177, which held that only a decree for declaration can be granted in favor of a co-sharer and co-sharer/co-sharers ... Issues: Whether a co-sharer who has redeemed a mortgage can take possession of the entire mortgaged land or only the portion ... , was entitled to a declaration that the land stands redeemed but could not claim possession of the entire mortgaged land. ... Tara Singh, 1986 P.L.J. 177 and it was held that only a decree for #HL_S....
1969 0 Supreme(Ori) 158 • India - Orissa
S.K.RAY
Fact of the Case: The plaintiff alleges that he has a share in certain ancestral properties and seeks a declaration ... The court also discusses the rights of co-sharers in joint family property and the possibility of exclusive possession without ouster ... Soh. lands, and was possessing portions of these lands which are shown in red colour in the rough sketch map appended to the plaint, and Defendant-1 surreptitiously and fraudulently got recorded these lands in his name in the current settlement, and be having found it out, has filed the suit for a #HL_S....
1921 0 Supreme(Cal) 103 • India - Calcutta
SUHRAWARDY, NEWBOULD
The second suit involved a declaration of Zemindari right to a portion of the tank's bank and demolition of a structure on it. ... The first suit involved a declaration of pirathar property and possession of the tank and its slopes. ... of their shares are not entitled to a decree for demolition of structures on land belonging to all co-sharers unless the other co-sharers ... Co-sharer landlords who are in possession of their shares only are not enti....
2023 Supreme(Online)(P&H) 10548 • India - High Court of Punjab and Haryana
BY CO-SHARERS - ALIENATION MADE BY CO-SHARERS BEYOND HIS/THEIR SHARE CAN BE TAKEN CARE OF AT THE TIME OF PARTITION PROCEEDINGS ONLY ... Fact of the Case: Plaintiffs filed a suit seeking a declaration that they and defendants No.8 to 10 are co-owners in ... They also sought a declaration that sale-deeds executed by defendants No.1 to 5 in favor of defendant No.6 do not create any proprietary ... Under these circumstances, declaration cannot be granted as it would affect the rights of other co-#HL_ST....
1991 0 Supreme(Pat) 300 • India - Patna
S.B.SINHA
, the suit may not be held to be bad for non-joinder of all co-sharers, as the shares of each co-sharer are specific and definite ... On the issue of non-joinder of parties, the court held that in a suit for partition filed by one of the co-sharers of a Muslim family ... However, the court held that in the present case, the daughters of Jodhi Mian were necessary parties as they were in possession of a portion ... a suit for declaration of title. ... Prasad, that in a suit for partition....
• India - Current Civil Cases
J. J. MUNIR
(Para 10) (B) Specific Relief Act, 1963—Section 34—Declaratory suit—A declaration is a general relief, which ... and pass a preliminary decree for partition, declaring share of parties—Preliminary decree in a suit for partition is in fact a declaration ... of parties’ share which includes plaintiff and all other co-sharers—After preliminary decree for partition is passed, it is open ... The preliminary decree in a suit for partition is in fact a declaration of the parties’ share, which includes the plaintiff and all othe....
2018 0 Supreme(P&H) 1636 • India - Punjab and Haryana
AMOL RATTAN SINGH
it is proved that the co-sharers are actually in exclusive possession of their respective shares in specific parcels of the property ... --Where it is shown that co-sharers are in specific possession of particular parts of jointly held property, they are entitled to ... (A) Co-sharer--Right of co-sharer in unpartitioned land--Undoubtedly the basic principle governing any unpartitioned property is ... safeguarded if they are granted a decree by giving them a declaration that the possess....
1985 0 Supreme(P&H) 108 • India - Punjab and Haryana
B.S.YADAV
LAND CAN TRANSFER THAT PORTION SUBJECT TO ADJUSTMENT OF RIGHTS OF OTHER CO-SHARERS AT PARTITION - PLAINTIFFS ENTITLED TO DECLARATORY ... Ratio Decidendi: The court held that a co-sharer in possession of any portion of a joint khata can transfer that portion subject ... of co-sharers, subject to adjustment at the time of partition. ... Parsi, plaintiff and others, AIR 1940 Lahore 473, wherein it was remarked :- ... ``As a result, it has been held that a co-sharer who....
1985 0 Supreme(Cal) 175 • India - Calcutta
T.K.BASU
Fact of the Case: The suit was filed for a declaration of shares in two properties, one in Mangrol and the other in ... Further, if the co-sharers do not give up the intention of dwelling there, section 4 applies. 3. ... Calcutta, and for partition of the said properties by metes and bounds and allotment to the co-sharers in severalty. ... This suit is for a declaration of shares in two properties one in Mangrol in Saurashtra and the other in Calcutta being Premises No. 48, Ezra Stre....
1985 0 Supreme(HP) 23 • India - Himachal Pradesh
V.P.GUPTA
of co-sharers. ... Fact of the Case: Plaintiffs filed a suit for declaration of ownership and partition of land, claiming half share in ... Possession of one co-sharer is deemed to be possession on behalf of all, and mere occupation of a larger portion or even of an entire ... Briefly, the facts are that the appellants (hereinafter the plaintiffs) filed a suit for declaration to the effect that they were the owners of half share in the suit land measuring 76-2-7 bighas situate in Mauza Neri (fully det....
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