Owelty
Legal definition for Indian law research
Definition
Owelty, equality, Co. Litt. 169.
The suit property, being incapable of division in specie, there is no alternative but to resort to the process owelty, according to which, the rights and interests of the parties in the property will be separated, only by allowing one of them to retain the whole of the suit property on payment of just compensation to the other, Badri Narain Prasad Choudhary v. Nil Ratan Sarkar, (1978) 3 SCC 30: AIR 1978 SC 845, See also T.S. Swaminatha v. Official Receiver, AIR 1957 SC 577: 1957 SCR 775.
The suit property, being incapable of division in specie, there is no alternative but to resort to the process owelty, according to which, the rights and interests of the parties in the property will be separated, only by allowing one of them to retain the whole of the suit property on payment of just compensation to the other, Badri Narain Prasad Choudhary v. Nil Ratan Sarkar, (1978) 3 SCC 30: AIR 1978 SC 845, See also T.S. Swaminatha v. Official Receiver, AIR 1957 SC 577: 1957 SCR 775.
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