Skip to content


Partitioning - Law Dictionary Search Results

Home Dictionary Name: partitioning

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...


Partition, Deed of

Partition, Deed of, a primary or original convey-ance. When an estate was held in community by joint tenants, tenants in common, coparceners, or joint heirs in gavelkind, and they were desirous of dividing it into distinct portions, to be exclusively enjoyed by each, and were not under legal disability, they could accomplish their object by this deed, and by s. 3 of the (English) Real Property Act, 1845 (now repealed), the partition of any tenements except copyhold is void unless made by deed. Sometimes, instead of agreeing as to their several allotments, a reference was made to a person to divide the estate into the required portions, and one mode of affecting this division was to convey the whole estate to the proposed referee upon trust to convey the several allotments to the respective parties according to his award.In Kent, where the land was of gavelkind tenure, they called these partitions shifting, from the Saxon, shiftan, to divide. For the present practice, see PARTITION....


Instruments of partition

Instruments of partition, means any instrument whereby co-owners of any property divide or agree to divide such property in severalty, and includes also a final order for effecting a partition passed by any revenue-authority or any Civil Court and an award by an arbitrator directing a partition. [Stamp Act, 1899 (2 of 1899), s. 2(15)]...


partition

partition : the severance voluntarily or by legal proceedings of common or undivided interests in property and esp. real property : division into severalty of property held jointly or in common or the sale of such property by a court with division of the proceeds partition vt ...


Partition of Chattels

Partition of Chattels. The court may order partition of chattels owned in undivided shares upon application by the persons interested in a moiety or upwards. [(English) Law of Property Act, 1925, s. 188]...


Suit of partition

Suit of partition, means a judgment delivered by a court in a partition suit which is followed by a preliminary decree cannot be said to be a final judgment in the suit. Proceedings which parties may take pursuant to the preliminary decree are still a part of the suit, and it is only with the passing of the final decree that the suit comes to an end, Ct. ACt Nachiappa Chettiar v. Ct. ACt Subramanian, AIR 1960 SC 307: (1960) 2 SCR 209: (1960) SCJ 416: (1960) 1 SCA 655: (1960) 1 Mad LJ (SC) 101: (1960) 1 Andh WR (SC) 101....


Partite

Divided nearly to the base as a partite leaf is a simple separated down nearly to the base...


Partition

The act of parting or dividing the state of being parted separation division distribution as the partition of a kingdom...


partitioned

Divided into partitions...


Partitive

Denoting a part as a partitive genitive...


  • << Prev.

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //