partition" as any partition made by execution of a
deed of partition duly registered under the Registration Act, 1908 or partition
effected ... partition" as any
partition made by execution of a deed of partition duly registered under the
Registration Act, 1908 or partition effected
partition means, (1) Partition made
by execution of a deed of partition duly
registered under the Registration Act, 1908
(16 of 1908). - (2) Partition effected ... partition if it is not supported by a registered
deed of partition would not defeat the right of
a daughter.-FURTHER HELD, If a partition
partition' has been defined. It is a
very narrow definition of partition. As per the
said definition ... partition means, (1) Partition
made by execution of a deed of partition duly
registered under the Registration Act, 1908
(16 of 1908). - (2) Partition effected
Finance Act (No. 2 of 1980) also clearly
recognise partial partition. The definition of partial
partition in Explanation (b) makes it clear that partial
partition ... they
stood at the material time, clearly recognise partial
partition. The definition of partial partition in
explanation (b) makes it clear that partial partition
relied upon a part of the definition of 'partition' found in Atrabannessa Bibi v. Safatullah ... Another Bench of the same High Court accepted the definition of "partition" found in
the earlier decision. At page 783 the learned Judges
uncle would
take it out of the definition of a 'family' partition under Article
42 of the Schedule to the Act .
12. Subsequently ... brother and his
uncle would take it out of the definition of family partition?
We are of the definite opinion that it will
only an instrument of
partition and not partition by itself. The words instrument as well as
instrument of partition are separately defined under Section ... arbitrator directing a partition
(and a memorandum regarding past partition;)
63. It can be seen from the definition of the expression instrument
of partition
Prasanta Kumar Sahoo vs Charulata Sahu . on 29 March, 2023
Author: A.S. Bopanna
Bench
partition has been recorded in
respect of it under section 171 . The partition referred to
in the section can include a partial partition also either ... finding of
partition has been recorded in respect of it under section
171. Partition referred to here can obviously include a
partial partition also either
partition out of Court, but also a final order for effecting a partition passed by any Civil Court. It is said that if the definition ... Civil Court, the definition would have so provided as it does in the case of definition of an "instrument of partition
