Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Joint Property

Tuesday, July 14, 2009
Joint Property

Joint Property — An undivided share of co-sharer may be a subject matter of sale, but possession cannot be handed over to the vendee unless the property is partitioned by metes and bounds amicably and through mutual settlement or by a decree of the Court.  

 
Monday, April 14, 2008
Joint Property

Joint Property — Possession of one co-owner would be treated to be possession of all — This, however, in a case of this nature would not mean that where three flats have been allotted jointly to the parties, each one of them cannot be in occupation of one co-owner separately.

 
Joint Property

Joint property — Suit for partition filed by co-sharers — Question — Whether if a co-owner was in specific possession of the joint property, he could be dispossessed therefrom without the intervention of the court? — Held, it is not the law that a party to a suit during pendency thereof shall take law into his hands and dispossess the other co-sharer — If a party takes recourse to any contrivance to dispossess another, during pendency of the suit either in violation of the order of injunction or otherwise, the court indisputably will have jurisdiction to restore the parties back to the same position.      

 
Joint Property

Joint Property — If parties by mutual agreement entered into possession of separate flats, no co-sharer should be permitted to act in breach thereof.   

 
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