important of these amendments are indicated below. The definition of instrument of partition is proposed to be amplified to cover documents in which the terms ... partition effected are recorded. Sub-section (1) of section 53 of the Act does not empower the Chief Controlling Revenue Authority to exercise control over
owner of the property and which is not an instrument of partition, shall, for the purposes of this clause, be deemed to be an instrument ... otherwise the making or acceptance of such oral gift;] (m) "instrument of partition" means any instrument whereby co-owners of any property divide or agree
owner of the property and which is not an instrument of partition shall be deemed to be an instrument by which property is transferred inter ... Gujarat 13 of 1994, section 2.(4)(ii).] ;] (m) "instrument of partition" means any instrument whereby co-owners of any property divide or agree
undivided family other than such individual would be entitled to, if a partition of the converted property had taken place immediately after such conversion
CITATOR INFO :
R 1982 SC 760 (12)
ACT:
Income Tax-Partition in Hindu undivided family-Proceedings
under S. 25A of the Indian Income ... Indian
Income-tax Act, 1922, claiming that there had been a
partition in the family on April 24,1945. As regards the
income assessable under
binds the legal representative not
Party to it-Limitation-Mitakshara Law of Partition-Document,
if and when must be registered-Admissibilitv-Sangli State
Agriculturist Protection ... 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
Hindu Law-Debts of father-Pious obligation of son-Partition,
if affects such obligation-Avyavaharika, Meaning of-Sale of
joint family property-" Right, title ... sons of J instituted a suit for partition
and separate possession of his share in the joint family
properties, and contended, inter alia, that
that the common ancestor, Appa, in his life-time, had effected a partition amongst his three sons aforesaid, giving them each specific portions ... left by Appa who appears to have died soon after the alleged partition. The plaintiff's ease further is that the principal mortgagor
CITATION:
1958 AIR 1042 1959 SCR 1249
ACT:
Hindu Law-Partition-Suit for Partition on behalf of minor
-Severance of joint status-Death of minor ... HEADNOTE:
In a suit instituted on behalf of a Hindu minor for
partition of the joint family properties, the minor
plaintiff died during the pendency
During argument, the applicability of Order 23 Rule 1 (3) to partition and redemption suits was raised. The judicial decisions are uniform that the withdrawal ... such a partition or redemption suit without liberty, does not operate as a bar to a subsequent suit for partition or redemption. The suit withdrawn
