partial partition, he can always challenge the validity of
such partial partition in an appropriate proceeding and the
validity of such partial partition will necessarily ... partial partition, he can always challenge the
validity of such partial partition in an appropriate
proceeding and the validity of such partition will
necessarily have
merely the partition by metes and bounds, which was effected as a result of the decree in the partition suit, but the partition which ... partition provision must be made for the payment of the debts which are due to the joint family, and the partition will be avoided
specified. Thus 1/3rd share which came to Shridhar upon partition will be equally divided between his widow Shantabai and his adoptive mother Laxmibai. Thus ... Laxmibai in addition to 1/3rd share she gest on the partition, will also be entitled to 1/6th share in the family property
partition suit was passed after probate was granted in favour of
Bonobehari. The partition decree passed by Justice Costello on construction
of the Will ... Will is the source of right through which all the
parties have derived interest. The plaintiffs have themselves accepted the
existence of the Will, partition
Partition Act did remedy some
shortcoming in the position of the partition law prevailing before the passing of the
Partition Act by entitling the sale ... Partition Act to be deemed to be a decree in terms of
Section 8 of the Partition Act, and this aspect will be adverted
will be
ascertained by them and approved at a meeting of
the parties and thereafter disbursement will be
made, and the balance amount will ... partition in terms of
allotment made at the joint meeting of the
Commissioner of Partition held on 30th July, 1983.
There will also
every case the defendants in order to defeat the application for partition will just raise any kind of flimsy or frivolous dispute of title ... time for that purpose.
(v) The application for partition will in such case remain in abeyance until the question of title is decided. The Revenue
consequence will be that there will be no merger, and the title bought in may be asserted against them upon partition. But, if they ... sharer, who is dissatisfied, is by suing for partition, and upon the partition all the equities will be adjusted. If the purchasing co-sharer
practice that family partition or a mutual partition is an accepted
form and method of partition. Only because implementation of family
partition is not recorded ... affirmed by the competent revenue officer, such a family partition or
private partition will not be rendered redundant. It is so said because
function
make a
partition of the joint family property in his hand, he has
no right to make a partition by will of joint family
property ... referred
to.
10. Partition can be partial qua person and property
but a partition which follows disruption of joint family
status will be amongst those