Partition - Proof.
(c). Hindu Law - Partition - Not necessary that
partition should be effected by registered
12
partition deed. Under the Hindu Law ... evidence, (i) Registration Act , (16 of 1908),
S.49 ; (ii) Hindu Law - Partition).
He has also further relied upon the decision
reported
Limitation Act .
Under the Mitakshara School of Hindu Law partition may be
either (1) a severance of the joint status of the
coparcenary by mere
Shah and repelled by Mr. R.G. Thakore. Now, under Hindu law, a partition may take place in one of two ways Partition ... partition, one does not endeavour to find out the terms of partition. The terms of partition are different from the partition which in law takes
Hindu law.
(2) Even on the basis that the concept of reunion under the Hindu law includes the bringing of the properties secured on partition ... case law cited before us and having due regard to the real purpose and intent of the Hindu law governing HUF, it appears
Hindu joint family governed by the Mitakshara school of Hindu law, the proposition is quite untenable.
Neither in the Hindu law nor in the Income ... prevent such a partition of the joint family property. In Hindu law, partition may take place by mere severance or disruption of the joint family
ILR 1998 KAR 2127 in between Vadde Sanna
Hulugappa & others V/s. Vadde Sanna Hulugappa &
others. It is heeld that :-
Hindu Law - Partition ... immovable
property - Not applicable.
37 O.S.1209/2013
Hindu Law - Joint Hindu family
property in which minor had an undivided
share sold/disposed
ILR 1998 KAR page-2127, wherein the Hon'ble High
Court of Karnataka has held as under:
"Hindu law - Partition - Courts
dismissed ... note-B has held as under:
"(B) Hindu Law - H.U.F.- Suit for partition by
coparcener challenging sale by guardian -
Prayer for setting
writing, dividing the
properties among themselves, in the
nature of partition deed - It was held by
the Supreme Court, that a mere agreement
to divide ... held by Hon'ble Supreme Court
as under:
Hindu law - Partition - How can be effected
- Need for registration of partition deed
when arises - Held
This act of a
member of joint family has recognition under Hindu law. As
Annayappa had thrown the suit schedule property to joint
hatch ... others. Wherein it is held as under:-
Family and Personal Laws - Hindu Law -
Partition/Family arrangement/Settlement -
when amounts to transfer of property / Need
dividing members without any writing or other formalities. For Hindu law recognises a partition even of immovables under an oral partition. But the immovable properties ... title and possession of the immovable property. Partition, apart from what the Hindu law permits, is always a synallagmatic transaction and it cannot fructify
