Once shares are defined, whether by an agreement between parties or otherwise, partition is complete
It has been clearly laid down that once the shares
are defined by way of partition, the partition becomes
complete. The parties may divide the property by
metes and bounds or they may continue to live together
and enjoy the property in common as before. Such
conduct affects only the mode of enjoyment but not
the tenure of the property. The property ceases to be
the joint family property upon the shares being defined
and the parties hold the property as the
tenantsin common. The Courts below have, therefore,
committed an error in holding that the property
continued to be the joint family property in spite of the
registered Partition Deed dated 641955.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Second Appeal No.393 of 1995.
1] Smt. Venubai wd/o Natthu @ Devidas
….VERSUS ....
1] Smt. Vimlabai w/o Keshaorao Thakare,
Coram : R. K. Deshpande, J
Date : February 06, 2013.
Citation; 2013 (3) MH L J 895
are defined by way of partition, the partition becomes
complete. The parties may divide the property by
metes and bounds or they may continue to live together
and enjoy the property in common as before. Such
conduct affects only the mode of enjoyment but not
the tenure of the property. The property ceases to be
the joint family property upon the shares being defined
and the parties hold the property as the
tenantsin common. The Courts below have, therefore,
committed an error in holding that the property
continued to be the joint family property in spite of the
registered Partition Deed dated 641955.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Second Appeal No.393 of 1995.
1] Smt. Venubai wd/o Natthu @ Devidas
….VERSUS ....
1] Smt. Vimlabai w/o Keshaorao Thakare,
Coram : R. K. Deshpande, J
Date : February 06, 2013.
Citation; 2013 (3) MH L J 895
https://www.lawweb.in/2013/06/once-shares-are-defined-whether-by.html
