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1 - 4 of 4 (0.35 seconds)Vineeta Sharma vs Rakesh Sharma on 11 August, 2020
b] The partition shall either be registered deed of
partition or partition effected by decree of Court.
24-A. The Hon'ble Supreme Court in Vineeta Sharma's case
have also interpreted this provision as follows :-
Vineeta Sharma vs Rakesh Sharma & Ors on 15 May, 2018
"Oral partition in exceptional case can be accepted, if
it is supported by public documents and the evidence
should be of such degree that it has to be presumed
that partition was effected by decree of Court".
25] In this case, even though there was a theory of
partition alleged by appellant-Govinda, there was never public
document, even there was no document evidencing the partition
effected during the lifetime of father Parshuram.
26] Even though this Court has concluded that both the
Courts below have erred in considering the provisions of Section 6
of 1956 Act in view of the observations by the Hon'ble Supreme
::: Uploaded on - 29/10/2021 ::: Downloaded on - 30/10/2021 03:48:27 :::
SA198.2005(1).odt 18
Court in the case of Vineeta Sharma v/s Rakesh Sharma and
others [which is binding by this Court too], this Court has to
answer the substantial question in the affirmative. It means that
decision about decreeing the suit has to be confirmed.
The Hindu Succession Act, 1956
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