AI Overview...
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Suit for Partition and Legal Authority - A suit was filed for partition and sale of property, but it was dismissed due to lack of ownership and the unregistered agreement's indefensibility. The court emphasized that parties cannot claim interest based on unregistered agreements against registered deeds, and the defendant's failure to execute sale deeds impacted the case. Puneet Sharma vs Shri Sunil V Gupta & others - Uttarakhand
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Partition Act, 1893 - Suit for property division must comply with the provisions of the Partition Act. When properties are indivisible by metes and bounds or cannot be auctioned without proper valuation, the court lacks the authority to direct sale or partition. Suit outcomes depend on adherence to statutory procedures, and properties incapable of division are excluded from partition. Rani Aloka Dudhoria VS Goutam Dudhoria - Rajasthan, Rani Aloka Dudhoria VS Goutam Dudhoria - Supreme Court
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Rights of Co-Owners and Agreement Limitations - When properties are undivided, co-owners (e.g., brothers) can only sell their share, not the entire property, especially if other co-owners (e.g., sisters) are not parties to the sale agreement. Such agreements cannot force partition or sale of the whole property unless all parties are involved. RAJESH KUMAR vs ANAND KUMAR - Supreme Court
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Suit for Partition and Procedure - Filing a suit for partition requires compliance with the Partition Act, including requests for sale and proper valuation. When properties are put to auction in such suits, statutory provisions must be followed; otherwise, courts lack jurisdiction to order sale. Rani Aloka Dudhoria VS Goutam Dudhoria - Supreme Court
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Specific Relief Act, 1963 - Suit for specific performance of sale agreements requires the personal presence of the party to prove their conduct or state of mind. Additionally, mutation of partition orders in revenue records is necessary for legal recognition of partition. Kishan Chand (Through Lrs) And Others vs Balbir Singh and Others - Punjab and Haryana
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Will Interpretation and Partition Rights - Courts can consolidate multiple suits and grant preliminary decrees for partition. The interpretation of wills and adherence to statutory provisions like the Hindu Succession Act influence property rights. Parties justified in excluding certain properties from partition if not included or legally contested. Radhey Shyam Bagla VS Ratni Devi Kahnani (Since Deceased) Through Legal Representatives - Delhi
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Appointment of Receiver and Partition Decree - Courts can appoint receivers and pass preliminary decrees for partition, especially in cases involving ancestral or joint family properties. Proper procedural adherence ensures the validity of partition suits. Khan Bahadur C. B. Taraporwala VS Kazim Ali Pasha - Andhra Pradesh
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Legal Representatives in Partition Cases - In cases involving deceased parties, legal representatives can present defenses. Strict adherence to procedural rules, such as timely filing and proper service, is essential; late filings or non-service can be rejected to uphold justice. Kamal Kishore Soni S/o Sh. Chand Kanwar/lal Chand Ji vs LR of Smt. Indira Devi W/o Sh. Daulat Ram Ji - Rajasthan
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Transfer of Premises During Suit - During ongoing eviction suits, subsequent events like partition decrees influence the case. The court considers whether premises are suitable for eviction and if subsequent partition affects the landlord's rights. M. M. Quasim VS Manohar Lal Sharma - Supreme Court
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Relevance of Title in Eviction Suits - The court noted that title is not always relevant in eviction cases; statutory provisions like rent control acts govern proceedings. Private partitions do not necessarily impact eviction rights unless property rights are directly contested. Girish Chandra Mandal S/o Mit Lal Mandal VS Md. Amanatullah Salfi S/o Late Leyquat Hussain - Patna
Analysis and Conclusion
The sources collectively highlight that suits involving partition are governed by specific statutory provisions, notably the Partition Act, 1893, which mandates procedural compliance for property division, especially when properties are indivisible or cannot be auctioned. Parties' rights are often limited to their shares unless all co-owners are involved, and agreements must be registered to be enforceable. In cases of unregistered agreements or where title is disputed, courts tend to dismiss claims or restrict relief. Additionally, procedural rules, including proper service and timely filing, are critical, especially in cases involving deceased parties or legal representatives. The interpretation of wills and the impact of subsequent partition decrees are also significant factors influencing property rights and litigation outcomes.
Search Results for "Suit for Partition all Core Personally Not Made Party to the Suit"
2023 Supreme(Online)(UT) 2839 • India - High Court Of Uttarakhand
Shri Justice Manoj Kumar Tiwari, J
lacking authority to sell a piece of land, seeking cancellation of a gift deed made to another. ... ... ... Issues: The core issue is the legality of claiming interest based on an unregistered agreement against a registered deed. ... Suit dismissed due to lack of ownership and indefensibility of the unregistered agreement. ... It was further pleaded that when sale deed was not executed by defendant nos. 2 & 3, even after decision in the pending litigation, plaintiff sent a notice for executing sale deed, but, defendant....
2009 0 Supreme(Raj) 375 • India - Rajasthan
S.B.SINHA, CYRIAC JOSEPH
(a) Partition Act, 1893, Sec. 2 and 3 — Partition of property — Suit filed by appellants for equal division of certain properties ... — Properties incapable of partition by metes and bounds were kept out of the lots — Properties in question could not be put to auction ... in absence of the predetermined valuation — Held — Provisions of the Partition Act not complied with — Court has no power to direct ... In other words if a plaintiff in a suit for #....
2024 Supreme(Online)(SC) 1149 • India - Supreme Court of India
Specific Relief Act cannot be invoked by the vendee to obtain sale of undivided share of the two brothers with a right to force partition on the sisters who were not parties to the agreement of sale. Such a relief under a href="./.. ... In the absence of partition between them, the two brothers together had undivided share in the property, and they could not have agreed for sale of the entire property. They were competent to execute agreement to the extent only of their undivided share in the property. ... In the event....
2009 4 Supreme 632 • India - Supreme Court
S.B.SINHA, CYRIAC JOSEPH
On or about 5.07.1977, a suit for partition was filed by the appellants against KCDS and his sons ... ... or convenient partition. ... (a) Partition Act, 1893 – Section 2 – For sale of the property there should be a request ... When a property is put to auction in a suit for partition, the provisions of the Partition Act, indisputably, shall apply. ... In other words if a plaintiff in a suit for partition has invoked the power....
2025 Supreme(Online)(PH) 2604 • India - High Court of Punjab and Haryana
Deepak Gupta, J
(A) Specific Relief Act, 1963 - Section 12 - Suit for specific performance - Agreements to sell dated 28.04.1984 and 10.06.1985 upheld ... Thus, when the law requires a party to prove an aspect related to their "state of mind" or "conduct," the individual concerned must typically provide evidence personally, rather than through an attorney-holder. ... Not only this, he was required to get the mutation regarding partition order incorporated in the Revenue Record. 49. ... - In case by the target date of ....
2014 0 Supreme(Del) 2596 • India - Delhi
S.RAVINDRA BHAT, NAJMI WAZIRI
Partition - Will Interpretation - Property Rights - [WILL INTERPRETATION] - [Hindu Succession Act, 1956, Section 8], [Partition ... The court consolidated three suits and ultimately granted a preliminary decree for partition in favor of Ratni Devi. ... Act, 1893, Section 2], [Hindu Law], [Joint Family Property], [Succession], [Partition], [Property Rights] - The court discussed ... PW-2, Ratni Devi was justified in not including it in the partition suit. So long as th....
1965 0 Supreme(AP) 137 • India - Andhra Pradesh
A.V.KRISHNA RAO
A receiver for the suit properties was appointed by this Court on 24-8-1962 and a preliminary decree for partition was made on 28 ... to effect the partition. ... No. 14 of 1958 is a suit brought by Dildar-Un-Nissu Begum for partition of the maleruka properties left by Nawab Kurshid Jah who ... Radha Gohinda, AIR 1926 Cal 184. " in a suit for partition, the position of the parties is not that of the plaintiffs and defendants as in o....
2025 0 Supreme(Raj) 1963 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
ARUN MONGA
is a partition case involving deceased parties and their legal representatives. ... preclude a party from presenting their defense, reaffirming the principle that justice must not be sacrificed for strict adherence ... rejecting his application to admit a late-filed written statement due to claimed non-service of summons, while simultaneously, the suit ... Soni, on behalf of the applicant Kamalkishore, submitted that he never personally received notice of the suit, nor had he authorize....
1981 0 Supreme(SC) 241 • India - Supreme Court
D.A.DESAI, E.S.VENKATARAMIAH, R.S.PATHAK
Code of Civil Procedure or 41 Rule 27-Transfer of premises during the pendency of suit ... for eviction-Right to eviction not subsisting-In order to do justice between the parties subsequent events must be taken note of-An ... to collectors of rent-Landlord possessing several houses-Some of them vacant-He must show that the premises vacant are not suitable ... of the suit shop, the subsequent partition decree would not help the appellant. ... A request was made to acc....
2018 0 Supreme(Pat) 1250 • India - Patna
CHAKRADHARI SHARAN SINGH
The Court also noted that the issue of title of the parties to the suit premises was not relevant in the eviction suit. ... of the tenant had been made out under the Bihar Buildings (Lease Rent and Eviction) Control Act, 1982. ... suit. ... There was partition in the property left behind by Hare Krishna Sah between Amriti Devi and Gulaboo Devi. Gulaboo Devi and her children had got the suit property in a private partition with her co-widow. ... He al....
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