1. Whether plaint can be amended at the instance of defendant in a partition suit to include property. Karnataka and Madras High Courts take different views.
https://www.dakshalegal.com/judgements/actionView/natSxzJ7W8zO9pW6GdP85I0P3
2. Hindu Succession Act, 1956. Ancestral property partitioned and sold prior to 2005 amendment. Suit for partition by daughter is maintainable under the 1994 Karnataka amendment. Plaint cannot be rejected.
https://www.dakshalegal.com/judgements/actionView/lbmbNrvwKN8j3BijpRs3AfViX
3. Hindu Succession Act. Section 14. Life interest created to wife under Will beyond her share in a notional partition is not a pre-existing right. Bequeath is only life interest. Wife will not get absolute right. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/s3By08wWSkDhYnWeNIZ9jzX0K
4. Suit for declaration. If the plaintiff is not entitled for whole of the property Court can pass a decree for partition of his share without driving him to file another suit for partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Xn4iOKjiGbmuSr3FZx6BSO1dl
5. Hindu Succession Act. Amended Section 6. Plea of prior partition. Mere partition decree will not sever joint family status. Until final decree is passed and allottees of shares are put in possession – there is no partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/cVSv4aF0KiIjrAxeB849GREtT
6. Property purchased in the name of minor is his absolute property unless there is evidence to show it was also joint family property- (see the Note). Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gh5utSCuXgY73R7Wyjo3a6p4I
7. Doctrine of ouster. Applicability in case of co-owner and in a suit for partition. Explained. Supreme Court.
https://www.dakshalegal.com/judgements/actionView/y50Dd4jkOKiJh3Y1vAvwcpymo
8. Separated son has NO right in ancestral property left by kartha. He can claim share as Class-I heir after death of Kartha in notional partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/O48Ush1dCXcJfD5NS6zxFN2du
9. Suit for partition. Limitation Act, Section 110. The period of limitation does NOT start where there is no specific demand for partition of share in the property and no refusal or denial by defendant. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/fw5LGY5WlFLFnzdrAUmpy05ks
10. Suit for partition. Appellate court can grant relief even to non-appealing parties/plaintiffs since a defendant can ask the Court to transpose him as a plaintiff and a plaintiff can ask for being transposed as a defendant. Supreme Court.
https://www.dakshalegal.com/judgements/actionView/rOCQqam2SJpmWl1XtkyaqNAEL
11. Plaint in a suit for partition based on amended Section 6 of the Hindu Succession Act is liable to be rejected if there is clear admission in the plaint about registered partition of ancestral properties prior to the amendment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AqiH79AYRqh6uAL1goeyPue3D
12. Family settlement arrived as oral partition and later put into writing for the purpose of information is not required to be compulsorily registered, and stamp duty need not be paid in respect of the same. Delhi High Court.
https://www.dakshalegal.com/judgements/actionView/hqQBLOlJzpn933P4nud8TU0fD
13. In a suit for partition, defendant can seek direction to plaintiff to include certain properties in the plaint schedule and seek partition of the same. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ILh8GtkO4hA7IEoFpjKnVRvuI
14. Where property is sold under the Partition Act 1893, provisions of Order 21 Rules 84 & 85 CPC regarding mandatory deposit of entire balance sale price within 15 days do not apply. Court can extend time for such payment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ftBEuUrvqx3sHe2V7cFsYvxKY
15. Plaint in a suit for a primary relief of partition and separate possession cannot be rejected on the ground of limitation though the secondary prayer is barred by time especially when both the prayers are interconnected. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LRuLLzFwNONqG4BNWN5GpNeNF
16. Acceptance of lesser share by father in ancestral properties in family partition will not prevent his son from claiming actual/correct share in the properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/lH8UX2ApuNy7StVQeKgv4g366
17. Suit for partition. Défense of prior partition becomes weak when revenue entries do not stand separately and exclusively in the name of the family members. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Vau54IxDF81BKpQE2MXKSVuBq
18. A co-owner cannot seek temporary injunction against another co-owner on the ground of adverse possession unless there is a partition of the property by metes and bounds. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/xDbapeyzt9Dx35Aq4Ywhvqcup
19. Suit for partition. Plea of exclusive possession by the purchaser of coparcenery property is NOT a conclusive factor to determine court fee payable by the plaintiff. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Zr3dnpFd2lwm8d0XTm0P94ccv
20. In a suit for partition filed by woman against her father/brother based on amended Section 6 Hindu Succession Act, joint family properties given to her husband as dowry can also be included. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/yac9TIe4JwB5vLqBYkQQGcIny
21. Suit for partition. A person who is not a party to alienation of coparcenery property need NOT seek cancellation of sale deed or a declaration that he is not bound by the alienation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0jpPcSN2LoiHu6PkaVTZpyWwl
22. Suit for partition by woman coparcener is not maintainable if the ancestral property was sold before coming into force of the amended Section 6 of the Hindu Succession Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/P2MxaZz15WlWu4IzMoyjPRtLJ
23. Suit for partition by daughters based on the amended Section 6 of the Hindu Succession Act. Properties sold prior to 20 December 2004 are not available for partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0R1Rtm7hRxWDaySPGxTf9Bh2e
24. Property allotted to a female in family partition between herself and her father is her absolute property and does not revert to heirs of her father under Section 15 (2) of the Hindu Succession Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/0GSAvqWzFvg7BQeuJtMe8MXPE
25. Cause of action in a partition suit is a recurring action. Dismissal of earlier suit for non-prosecution will not be a bar for filing a second suit for partition. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/JovsgCgK3bGQnz5i0jOqFo4xM
26. Hindu Succession Act. Partition of properties inherited under Section 8 will not change the nature of the properties to coparcenary. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/7WkHgBZXZWIZPMLmRL8htCCb5
27. Partition Act. Party who applies for sale of the property under Section 2 cannot opt for purchase of the share of the other parties under Section 3. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/AyJ2wImDu5VSceufc4MgIGEqY
28. Inclusion of properties already partitioned in a suit for partition amounts to vexatious and scandalous litigation. Court can order deleting the properties from the plaint under Order 6 Rule 16 of CPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/oarJCd8AcDey37g4CGwf297ze
29. Suit for partition filed several years after the property was sold by the karta or the mother is hit by the doctrine of acquiescence and the same is liable to be dismissed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/XGUr2e0ZtuvnX4nzP7z8jKFFG
30. Law of Limitation. Suit challenging the earlier partition, filed several decades after the partition deed, is liable to be dismissed by rejecting the plaint under Order 7 Rule 11. Supreme Court.
https://www.dakshalegal.com/judgements/actionView/8naEvmw7Le6F3oYCLecNEptOf
31. Unconditional allotment of property under a partition will not attract the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/IcElYDIkll3PY6rsAHzIlWsI8
32. Ancestral property fallen to the share of father in a family partition among his father and brothers cannot be claimed by his son since the property so allocated to his share becomes his exclusive property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/HbotLMcNTO8Wp0nICcnKwmELb
33. Suit for partition filed three years after the minor coparcener attaining majority merely pleading that alienation of ancestral properties by karta is not binding on him is barred by law of limitation. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/l8o5RTOBOhfBXLpztTaknOuwM
34. Suit for partition. Once a Plaintiff contends that he has separated from the joint family, properties bought subsequent to the said separation cannot be included in the suit for partition filed subsequently. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/PlRAY4tSkUxJgSCmDcrmBR3zi
35. Non-alienating member of joint family can maintain a suit for partition and separate possession in the event of alienation by other members and there is no need to challenge the sale deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Rn7scoU25OuEaCN69czGsSUir
36. Suit for partition. Appointment of court commissioner during the proceedings to find out the existence of building etc would be unnecessary since such an exercise can be undertaken at the time of final decree proceedings. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Gv6nzDwCjONuIEab4W705csLn
37. Unregistered relinquishment deed can be relied on for the collateral purpose of proving earlier partition and division of joint family status as recited in the deed. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/knY7JAseZj4F0bjklQM9h5doq
38. Suit for partition. Inclusion of properties in the plaint schedule cannot be questioned by purchaser of property since he has no say in the suit to dictate how the suit has to be proceeded with. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/jKhJe9KORA1aSGS0sPSiYEc7E
39. Suit for partition based on amended Section 6 of the Hindu Succession Act. Plaint can be rejected in respect of a particular item of property which was already sold prior to coming into force of the amendment. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/4bxoXdtBsWCPhQ5AEo3IPDnM1
40. Preventing bank from exercising its right under the SARFAESI Act in the guise of partition suit among family members with prayer for injunction is hit by Sections 35 and 36. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/qnQEJz65yYylguhyuVQzPN4JE
41. Second suit for partition, instead of enforcing the earlier decree for partition within the period of limitation, is not maintainable. Plaint is liable to be rejected. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Dhc1sRdwlSF9rEkwZLQetsBCv
42. In case of notional partition, shares of the heirs must be ascertained on the basis that they had separated from one another and had received a share in the partition which had taken place during the life-time of the deceased. Supreme Court explains.
https://www.dakshalegal.com/judgements/actionView/8BPKx50SQqubSZb8nQKMN8ohF
43. Court can grant relief of partition and separate possession of a portion even though prayer is for relief of declaration of title to the entire property. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/s93RJ6TgD67HtKh2NJbpr274h
44. When there is a doubt as to whether an unregistered document is partition deed or relinquishment deed, it can be adjudicated only during the trial. Trial Court cannot refuse to accept it in evidence by conducting a mini trial. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hL2lFEsRmdTNXpHxndLZDJySO
45. A registered partition acts as complete disruption of the joint family status. Son born subsequent to the partition cannot seek reopening of the partition unless the partition was within his own family. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/QKLSyVmASOGJcRlSDxp2rIiBp
46. Native Christians of Coorg province. Pending suit for partition based on the Shasthric Hindu Law is not maintainable after the issuance of 2015 notification making Indian Succession Applicable to them. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/LRb4Ivbd1DV1vGyiqf1w9FLEF
47. Question of limitation in a suit for partition arises only if defendants prove ouster of plaintiff from the joint family properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/eKWE0e5fGBDeR6MKN58wlVCmv
48. Suit for partition. Mere purchase of property in the name of co-sharer does not prove self acquisition when there is joint family nucleus and when independent income is not proved. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/Tw9oVZkpfhVfGIURUrkenLnkv
49. Suit for partition. When one co-sharer is in possession of the properties, all other co-sharers are presumed to be in possession on the basis of joint title. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/n2oo8U8EiWNNe1AIDzGXYYxlz
50. When decree for declaration of title cannot be granted, the court can grant a decree for partition of the properties. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/hi9B0gvtzsEqkDMCQpa3e2qpM
51. Hindu Succession Act. Failure on the part of daughters to claim share in house property in a family partition does not amount to abandonment of claim under the unamended Section 23. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/shiM2xZRtU9qKOzSvxZjs1vCT
52. Award passed by the Lok Adalath cannot be questioned by a separate suit though termed as suit for partition in view of the bar under the Legal Services Authority Act. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/rZGdWNwkc6KxmE0m2T0kLer8X
53. Amendment to Section 6 of the Hindu Succession Act applies even to final decree proceedings arising out of the suit for partition filed prior to the amendment. Authoritative judgement of the Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/ALutGUzqWrRBUowoFsU7tvnhG
54. Partition. Though filing of partition suit brings about severance of status of jointness, legislative amendment or subsequent event will have to be taken into consideration and given effect to in passing the final decree. Supreme Court.
https://www.dakshalegal.com/judgements/actionView/TrQ22I70GMchDL1VqR6v5Rgsa
55. Execution proceedings in suit for partition. Person claiming under joint family member who suffered decree cannot maintain application Order 21 Rule 97 of CPC. Karnataka High Court.
https://www.dakshalegal.com/judgements/actionView/07jntkBSQJI6V41hiJtrB27va
56. In a suit for partition of joint family property, a decree by consent amongst only some of the parties cannot be passed. Supreme Court.
https://www.dakshalegal.com/judgements/actionView/9bl8TMlD1yjFuFkJgdabtmatR
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