In this case the court reiterated the posittion that there can be no blanket injunction against Karta restraining him from alienating the properties for the simple reason that :- i) There is an equally efficacious relief in getting sale set aside; ii) Karta’s powers are statutory and he is the person who has to judge […]Read More No Injunction against Karta against selling jt family property.
Comment : This case holds that partition – is a declaration of will as regards property – which effects a change in legal relation with property – hence is compulosrily registrable within the meaning of S.17 IRA. In absence of which it does not have any effect and cannot be recieved in evidence of the same. […]Read More Supreme Court on whether partition deeds are compulsory registrable ?
The question raised in this civil revision petition is as to whether under Order VI, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants? Court held yes – since holistically in partition suit there are no judgment debtors and strict […]Read More Amendment of Plaint to prevent partial partition – application by defendant ?
In This case – the court held two very fundamental principles which are of seminal importance in partition cases – i) if joint family’s existence is shown – some property/nucleas is shown ii) It is presumed that joint family goes on/continues iii) Some properties brought by Karta in his name iv) Onus on Karta if […]Read More Presumption as to Joint Family Property – continuing Joint and not seperate