AI Overview...
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Partition Without Map - Several cases highlight the necessity of a sketch or map for effective partition of property. Without a map, courts find it difficult to demarcate shares accurately, which is essential for executing and enforcing partition decrees Subhash Chandra Sen (D) Thr. Lrs. VS Nabin Sain (D) Thr. Lrs. - Supreme Court, NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa, Ganga Prasad Rai VS Kedar Nath Rai - Allahabad.
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Role of Sketch Map - Courts have emphasized that a sketch map submitted during proceedings is crucial for identifying boundaries and shares. Its absence hampers the ability to effectuate the partition and can lead to complications in delineating property lines Subhash Chandra Sen (D) Thr. Lrs. VS Nabin Sain (D) Thr. Lrs. - Supreme Court, NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa.
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Partition Deed and Boundaries - While partition deeds establish the division of property, they often lack specific metes and bounds or detailed maps. Courts may require further verification, such as appointing commissioners to localize and demarcate the shares based on the deed, especially when disputes arise or boundaries are unclear NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa, Hari Chand Alias Harish Chandra VS Daulat Ram - Supreme Court, Ganga Prasad Rai VS Kedar Nath Rai - Allahabad.
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Effect of Without Map Partition - Courts have held that without a proper map, it is challenging to enforce partition decrees or determine exact boundaries. In some cases, courts have directed the appointment of commissioners to verify and draw boundaries to ensure clarity and proper demarcation NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa, Ganga Prasad Rai VS Kedar Nath Rai - Allahabad.
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Evidence and Registration - Transfer or surrender of property shares without proper registration is inadmissible. An unregistered deed of surrender cannot effectuate transfer of interest in immovable property, underscoring the importance of formal registration in property partition and transfer SMT. NEELAM DEVI Vs MANOJ KUMAR AND ANOTHER - Allahabad.
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Status Quo and Injunction - Courts can pass orders of status quo in partition suits to preserve the property’s condition until partition is finalized, especially when boundary disputes or unfiled documents are involved Pawan Kumar Bhawsinka VS Santosh Kumar Bhawsinka - Orissa.
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Summary - Effective partition of property generally requires a clear map or sketch to demarcate shares accurately. Courts often rely on submitted maps, commission reports, or further verification to ensure proper demarcation. Without such maps, enforcing partition becomes problematic, and courts may appoint commissioners to draw boundaries or require formal registration for transfers Subhash Chandra Sen (D) Thr. Lrs. VS Nabin Sain (D) Thr. Lrs. - Supreme Court, NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa, Ganga Prasad Rai VS Kedar Nath Rai - Allahabad, SMT. NEELAM DEVI Vs MANOJ KUMAR AND ANOTHER - Allahabad.
References: - Subhash Chandra Sen (D) Thr. Lrs. VS Nabin Sain (D) Thr. Lrs. - Supreme Court - NISHI SWAIN VS BIKALA CHARAN SWAIN - Orissa - Ganga Prasad Rai VS Kedar Nath Rai - Allahabad - SMT. NEELAM DEVI Vs MANOJ KUMAR AND ANOTHER - Allahabad - Pawan Kumar Bhawsinka VS Santosh Kumar Bhawsinka - Orissa - Ganga Prasad Rai VS Kedar Nath Rai - Allahabad
Search Results for "Partition of Property Without Map"
2018 4 Supreme 419 • India - Supreme Court
N.V.RAMANA, S.ABDUL NAZEER
of his 3/5th share in the suit schedule property. ... Administration of justice – Sketch map submitted by plaintiff showing shares of the parties and praying to decree partition on that ... basis – Partition suit decreed in terms of compromise between parties – But map was not exhibited – Trial court later making the ... It is not possible to give effect to the partition decree without a sketch map of the suit schedule property. At ....
1975 0 Supreme(All) 428 • India - Allahabad
GOPINATH
partition of the property. ... The court rejected objections raised by the appellant, including the argument that ejectment could not be sought without statutory ... Decidendi: The court found that the compromise decree was within the scope of the suit, and that actual possession could be obtained without ... As regards the submission that actual possession could not be obtained without partition of the property it is enough to state that the sale in favour of the app....
1986 0 Supreme(Ori) 374 • India - Orissa
S.C.MOHAPATRA
appending a map in respect of the suit property claimed by him. ... So it will not be possible to draw the actual line of demarcation between their respective shares without further verification of the spot. ... So it is badly necessary in this case that a commissioner should be appointed to locale and draw the line of demarcation in terms of the partition deed and also point out the area in dispute as claimed by the defendant." ... 3. ... clarification on the said points " ... At another stage dealing with the counter c....
1986 0 Supreme(SC) 384 • India - Supreme Court
A.P.SEN, B.C.RAY
vendor Ramji Lal and Ramji Lal was ever in possession of disputed property since date of partition till date of sale to plaintiff ... that wall in dispute exists for last any certain number of years, although it can be said that it is not a recent construction - Without ... deed was executed by parties yet there was no partition by metes and bounds - Moreover there is no whisper in plaint about partition ... The lower appellate court merely considered the partition deed and m....
2025 Supreme(Online)(Mad) 60909 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Govindarajan Thilakavadi, J
established through partition deed versus earlier sale deed - Court upheld title of plaintiffs based on the partition deed dated ... the respondents established their possession over the suit property as necessary. ... (A) Code of Civil Procedure, 1908 - Section 100 - Second appeal regarding title to property - Question of law regarding ownership ... boundaries without any basis. ... Moreover, the defendants would submit that the description of property found in the plaint is not in co....
2025 Supreme(Online)(MP) 6420 • India - High Court of Madhya Pradesh
MILIND RAMESH PHADKE, J
of the same family, challenged the dismissal of a complaint regarding the validity of a will associated with the inheritance of property ... However, on 17.07.1992, the non-applicants, without effecting partition of Sitabai’s share, sold her share in favour of non- applicant No.4, Smt. Kusumlata Pawar. ... On Signature Not Verified Signed by: YOGENDRA 05.02.1989, the heirs executed a written memorandum of partition in respect of the said property, which was divided according to the map....
2023 0 Supreme(All) 857 • India - Allahabad
J. J. MUNIR
Surrender - Property Dispute - O.S. ... since 1999 and that the defendants have no right in the said property. ... 13.03.1996 - 05.03.1999 - Section 35 CPC Fact of the Case: The plaintiff sought a declaration that a shop is her exclusive property ... It is pleaded rather inconsistently, or, may be, as an alternate case that without effecting a partition of the suit property, the defendants cannot transfer their share to a third party or interfere with the plaintiff’s possession. ... A....
2023 Supreme(Online)(ALL) 19561 • India - Allahabad High Court
TRANSFER OF PROPERTY - SURRENDER OF SHARE - UNREGISTERED DEED - INADMISSIBLE Fact of the Case: The plaintiff and ... unregistered deed of surrender relied upon by the plaintiff was inadmissible as evidence of the transfer of interest in immovable property ... Ratio Decidendi: An interest in immovable property, including the surrender of a share, can only be effected through a registered ... It is pleaded rather inconsistently, or, may be, as an alternate case that without effecting a partition of the....
2005 0 Supreme(Ori) 416 • India - Orissa
PRADIP MOHANTY
PARTITION - Injunction/status quo - Trial Court can pass an order of status quo, particularly when the suit is for partition. ... were not filed before the trial Court by the appellant - For the first time, those have been filed in the Court with an affidavit without ... The father himself had kept some property with him and it was decided that partition shall come in to effect after preparation of allotment map containing the signature of the parties. ... It was decided among the part....
2019 0 Supreme(All) 2565 • India - Allahabad
AJAY BHANOT
The appellate court traced the map without physical inspection of the site. The exercise of reconstruction of the map of the plots of land and drawing of the lines of partition was undertaken by the learned court using the map tendered in the Commissioner report. ... A partition of a property can be only among those having a share or interest in it. A person who does not have a share in such property cannot obviously be a party to a partiti....
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