The following observations made by Supreme court in RATNAM CHETTIAR case AIR 1976 SC 1 Gives you guideliness regarding the topic
(1) A partition effected between the members of an Hindu Undivided Family by their
own volition and with their consent cannot be reopened unless it is shown that it was obtained by fraud, coercion, misrepresentation or undue influence. In such a case. the Court should require strict proof of facts, because, an act inter vivos cannot be lightly set aside.
(2) When the partition is effected between the members of the Hindu Undivided Family which consists of minor coparceners it is binding on the minors also, if it is done in good faith and in a bona fide manner keeping into account the interests of the minors.
(3) But if the partition is proved to be unjust and unfair and is detrimental to the interests of the minors the partition can be reopened after any length of time. In such a case, it is the duty of the Court to protect and safeguard the interests of the minors and the onus of proof that the partition was just and fair is on
the party supporting the partition.
(4) Where there is a partition of immovable and movable properties, but the two transactions are distinct and separable, or have taken place at different times, if it is found that only one of these transactions is unjust and unfair, it is open to the court to maintain the transaction which is just and fair and to reopen
the partition that is unjust and unfair.
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2008
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March
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- FATHERS SELF ACQUIRED PROPERTY
- laws regarding this non-permanent structures
- Authorities are bound to send notice before acquis...
- STAMP DUTY ENQUIRY - LINKS TO IT
- I m married now and want to own a agricultural lan...
- suit for specific performance.- title of seller de...
- Hindu women is having property rights in ancestral...
- online complaint process will be launched by lokay...
- MUSLIM LAW AND INHERITANCE
- AGRICULTURAL LAND CANNOT BE BROUGHT IN EDUCATIONAL...
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March
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2010
(7)
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August
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- WHEN MY PROPERTY IS ATTACHED FOR DEBTS OF MY VENDO...
- A DISPUTE REGARDING RTC ENTRY AND RIGHT TO INFORMA...
- A QUERY ON KHARAB LAND- WASTE LAND- REVENUE EXEMPT...
- women's right to property
- A REPEATED QUESTION IS BEING ASKED WHETHER IAM ELI...
- INJUNCTION SUIT AND DEFENDANT LEGAL REPRESENTATIVE...
- BUILDING PURCHASE IN BANGALORE WHAT DOCUMENTS WE H...
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August
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2011
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February
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- CLARIFICATIONS REGARDING COPY RIGHT QUERIES AND SU...
- COURT CANNOT IMPOSE COSTS EXCEEDING ITS LIMITS UND...
- WRITTEN STATEMENT AND ADDITIONAL WRITTEN STATEMENT...
- AMENDMENT OF WRITTEN STATEMENT & FILING OF ADDITIO...
- RIGHT OF CROSS EXAMINATION
- CONSEQUENCES OF NOT FILING WRITTEN STATEMENT
- No oral testimony can be considered satisfactory o...
- LEGAL REPRESENTATIVES IN CIVIL LAW
- CROSS EXAMINATION AND ITS EFFECT IN APPRECIATION O...
- AN ORDER EVEN IF VOID NEEDS TO BE CHALLENGED BEFOR...
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February
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