....2. The appellant is the owner of an undivided half share in the suit property. The suit property was purchased originally under a deed dated January 12, 1934 b...share therein so that each can dispose of his undivided share in the property and each share become a separate stock of descent. On April 16, 1952 the appellant's father transferred his ...henceforth they were holding the said piece of land and building as tenants in common in equal undivided half share. In the view of the High Court this conversion of joint tenancy of an ...

...entitled to an undivided half share in the property as per the sale deed executed by Srinivasa in his favour, Exhibit B-2, and it will be open to the parties to file a separate suit for p...are each entitled to an undivided half share in the entire house property and to half of the amount lying in court deposit to the credit of RCOP No. 11 of 1971. The appeal as wel.... The learned Sub-Judge by his judgment dated 8-11-1976, found that Kasambu Ammal was the wife of Govindaswamy and was in possession of the undivided half share in the property, but the purported ...

...Parvatha Vardhini Ammal and a son, the 1st defendant. The half share due to Janaki Ammal was purchased by Subramania Pillai, the husband of 1st plaintiff. The remaining half share of Sokkammal being her Sthreedhana...heir as Bhageerathi Ammal herself to the assets of Sokkammal. It was on the strength of Ext. A-7 assignment in his favour that the 1st defendant entered into Ext. A-1 agreement for sale of an undivided half ...property. As earlier stated a half share in the suit property came to vest in Subramania Pillai as the assignee from the legal heirs of Janaki Ammal and the remaining 1/4 share devolved o...

...respect of the property of an undivided half share of part in Door No.367, New No.22, Suriyanarayana Chetti Street, Chennai-81 situated in the North Terminus Road (Formerly known as Surya... IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :18.02.2022 CORAM THE HON'BLE... Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue an appropriate order or direction or Writ of Mandamus forbearing the respondents 1 to 4...

...other property instead. The right of the first respondent was of a similar nature. It is incorrect to say that they were each entitled to an undivided half share in the property and that ...minor's half share, they were co-owners of the property and that therefore the appellant was not entitled to an injunction. He therefore dismissed his suit. In the suit of the first respondent the learned...father did not purport to convey his share of the property, but the whole of a particular item. That would not have entitled the vendee to a half share in that particular item. It would merely have given...

...Nicobar Islands. The Appellate Court modified the decree to the extent that the petitioners have acquired undivided half share in respect of the suit property and reversed the decree for recovery of the po...but it was observed that since the petitioners have acquired an undivided half share in respect of the property from the original defendant no. 3, his remedy lies by way of partition suit...with the original defendant no. 3 are the joint owners of the property being the subject matter of the said suit and the present petitioners has no semblance of right, title and interest in respect...

...was in possession of an undivided half share in the property and therefore, the purported sale by her of a definite portion, viz., the front half of the property was inv...of the sale in his favour under Ex. A11 dated 23rd August, 1970, executed by Kasambu in his favour, that the appellant would also be entitled to an undivided half share in the entire ...the credit of R.C.O.P No. 11 of 1971, Rent Control Court, Kumbakonam and accordingly a decree declaring that the appellant as well as respondents 1 to 7 are each entitled to an undivided half share in the ...

...that the plaintiffs and the defendant are entitled to an undivided one half share of the land in that particular property. The other half share will naturally go over to the brot...partition, particularly when they had included Item No.1. It is poor argument to advance that since only undivided one half share of the land has been mentioned in the Item No.1 in Schedule A of the ...the building. In view of those facts, since admittedly the applicants herein have some right and an undivided share atleast over Item No.1 of the A Schedule property, both the applications are allowed...

...defendant No.2 did not bind the share of the plaintiff. 4. When the property in question was jointly purchased by the plaintiff and the defendant No.1, in view of Section 45 of the Tra...and separate possession of the half share of the plaintiff in the suit schedule property. The plaintiff claimed 2... that she and the defendant No.1 had jointly purchased the suit schedule property in terms of a sale deed dated 14.06.2012. She claimed that at the time of purchas...

...to one Hassan and his wife Aisa. They made a gift of an undivided one-half share in the property to the defendant, their eldest daughter, as per registered gift deed dated 16-9-63. On the same day...undivided share. In this case strictly Ext. A1 gift does not stand in isolation. Exts. A1 and B1 have to be read together and construed together. Though under Ext. A1 one-half of the property is s...statement of the defendant's father in his deposition as P.W 1 that one-half right over the property under Ext. A1 belongs to the defendant. Really there is no prohibition in law of a gift of an...

...18th December 1920, an agreement was come to between them under which the appellant was to sell and Narandas was to buy an undivided half share in the property which was thereafter to be ...sell and the purchase shall buy an undivided half share in the said property for the sum of Rs. 1,90,000. 2. The vendor shall forthwith carry out all the repairs and works specif...appellant and charged on his moiety of the property, for the creation of a reserve fund, for auction between the parties if either wished to sell his share, and for arbitration in case of disputes. The...

.... Competent Authority . 133 ITR 389 @ 396., the Calcutta High Court observed that an undivided half share of the property purchased would not and could not be ...open market. A purchaser of an undivided share of a property cannot also enjoy the property in the same way as the full owner of the entire property...say 10 per cent is often made from the estimated value of the share.”10. Since there are difficulties inherent in the enjoyment of an undivided share in the property purch...

...Raman Nayar, C.J:— When a mortgagee in possession of an udukoor or undivided half share of a property obtains an assignment of an adjoining property belonging...his mortgagor but of all persons interested in the former property including those interested in the other half share — it is hardly a case of an accession to the mortgaged property comin...appellants, who it was said were owners of the other half share, should not be allowed to retain a half share in the neighbouring C Schedule property obtained on assignment by their predecessor mo...

...plaintiff was the owner of an undivided one-half share in the property in suit. But the defendant having taken possession of the property during the pendency of the suit, the pla...recover its possession or his share in it from the defendant. He, therefore, asked for a declaration of his title to half the property and for an injunction res-training the defendant from recovering.... Before the defendant took possession of the property as the auction-purchaser, Anant filed this suit on the basis that he and Anna were both the heirs of Ahilya, that he had a half share in the property...

...in possession there had been in enjoyment of the whole property like the 1st respondent here. Later on, she became entitled to an undivided half share in that property u.... In both the cases, the person in possession without a title became entitled to an undivided share in the property and if the accrual of a right to a moiety in the case before t.... The position, in my judgment, is essentially the same in the present case. The 1st respondent having been in possession of the whole house became legally entitled to an undivided fifth share the...

...sons, Defendants 2 to 4, So that they become the full owners of an undivided half share in the property and held the remaining half share on usufructuary mortgage under ext. B - .... (7) by virtue of their purchase under ext. B - 1 dated 9 - 3 - 1938, The family of the defendants (in other words, The mortgagee) became the owners of an undivided one half share of the ...(apart from the recitals in the document itself), An extinguishment of one half of the mortgage which thereafter attached only to the other half share. By the partition in their family under ext. ...

...metes and bounds. In that case the sale was with respect to an undivided half-share in joint family property and the Court had directed a division to be effected by the ‘Amin’ entrusted w...the Court, sale operated to convey only the mother's undivided 1/5 share in the property to the State the lower Court went wrong in refusing to redeliver the property to the appellant and that the...result of our decisions. Further to do so here would be to run counter to what we ourselves have said as to the rights of, and remedies open to a Court auction purchaser of an undivided share in common...

...possession of an half-share in the land described in the schedule to the plaint. The plaintiffs did not claim separate shares in the said property. They asserted an ...property. The defendant denied their right to said share. The learned Subordinate Judge decreed the plaintiffs' claim to an half-share in the property and that was finally confirmed by th...proprietary possession of an half-share in the said land, and in the alternative for possession of the same. They based their title on the allegation that Gurdas, having been adopted to Mihan, ceased...

...measures an extent of 13,188 square feet and that the Respondent/Plaintiff's grandfather Arunachalam Chettiar has purchased an undivided half share in the suit property survey number on 2...for passing a preliminary decree for partition in respect of the Respondent/Plaintiff's half share in the suit property taking into consideration of the good and bad soil, etc.24. ...purchased an undivided half share in the plaint schedule property from one Subramaniya Iyyer. A perusal of the said Sale Deed shows that the vendor Subramaniya Iyyer has stated that the ...

...clear that the plaintiff and defendant No.1 are entitled to an undivided RFA.No.100101/14 half share in the suit property and therefore point No.1 is answered in the affirmative. ...entitled for an undivided half share in the suit property. Hence, point No.2 is held in the negative. 20. In view of the above, there is no error committed ...constructive possession and enjoyment of suit schedule property along with the 1st defendant as a member of joint family. After the death of Sri Phatke Narsoji Rao, plaintiff demanded her half share in the...