partition under the Act even though under Hindu law there has been a partition-total or partial. The consequence will be that the undivided family ... Gujarat High Court. The question was whether a claim for partition will disrupt the family and whether, in the absence of an order under section
partition effected before 20th December 2004 is to all the
properties covered by the said partition
(Registered/Partition decree/ and certain categories of oral
partition ... event of partition among the coparceners.
The daughter of a coparcener living at the time of partition
will not get any share in the property
effect partition under the registered partition
deed. The Trial Court has embanked upon the minute
details, the manner in which Will and partition deed came ... allotted under the registered partition deed. Therefore, if
the validity of registered partition deed is upheld, plaintiff
will be benefited and no prejudice will
additional allotment to him in the course of partition, the Courts will not enforce that claim. The question, however, is whether, although the claim ... partition as a partition cannot be held to be binding on Sreenivasa's branch and. also that in the course of a partition
profits. A tenant-in-common who files a suit for partition seeks a partition not only of his share of the properties forming the subject ... really there was such ouster, then the main suit for partition will itself fall under Section 35(1) in which event the Court
century later, by
eye-witness evidence that they were validly married, few will
succeed. There have been various other judgments of this
Court holding where ... time acquired a share in all the
joint family properties at a partition. The said right acquired
by them is not taken away
Will leaves it "to B and to A", B will have it.
(ii) If a man at the commencement of his Will gives ... disposition will prevail."
In the Will in question, the last direction of the executor is that if her heirs desire to partition the immovable
every right to make a Will in
respect of the property and the same is not available for
partition. The third defendant is also entitled ... partition of property in
the family of the inheritor. Though the share of ancestral
property allotted to a coparcener on partition will be his
separate
their right to seek partition has not
been extinguished.
The question of re-opening of the partition will arise only ... subject matter of partition, were neither parties to the partition nor
they had consented to it. Therefore, they can ignore the partition
effected under
That was a suit for partition in terms of the provisions of the Hindu law of partition, on the allegation that the suit schedule properties ... declarants Nana Ojha and Prabhudat Ojha, when our will partition their shares among themselves Kishore Ojha, Harnandan Ojha, Mahabir Ojha sons of me declarant
