Supreme Court of India
Gajara Vishnu Gosavi v. Prakash Nanasahed Kamble & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, the law emerges to the effect that in a given case an undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the property is partitioned H -574 SUPREME .COURT REPORTS [2009] 14 (ADDL.) S.C.R. A by metes and bounds, either by the decree of a Court in a partition suit, or by settlement among the co-sharers.
Judgment, page 5
From the headnote
TRANSFER OF PROPERTY: Property in joint and common possession - Partition not , effected - part of the property sold by heir of one or the co- parceners - Purchaser filing suit for possession - Suit dismissed - Held: In a given case an undivided share of a co-parcener can be a subject matter of sale/transfer, but possession cannot be handed over to the vendee unless the D1 property is partitioned by metes and bounds, either by the decree of a court in a partition suit, or by settlement among the co-sharers - In the instant case, all the three courts below have recorded the finding of fact
Where later benches applied it
Of those, 1 relied on
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