Owelty - Law Dictionary Search Results
Home Dictionary Name: oweltyOwelty
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....
owelty
owelty pl: -ties [Anglo-French oelté equality, from Latin aequalitat- aequalitas] : a lien created or a pecuniary sum paid by order of the court to effect an equitable partition of property (as in divorce) when such a partition in kind would be impossible, impracticable, or prejudicial to one of the parties [an award] ...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Owelty
Equality sometimes written ovelty and ovealty...
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