A Co-sharer can alienate a property in favour of other particular person but he simply cannot alienate a property with a particular description of boundaries Except if the property is currently being adequately partitioned. Inside of a scenario titled: Muhammad Anwar Vs Mst.
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Remedies offered on the co-sharer who has become dispossessed has also been specified by august Lahore High Courtroom in case titled: Nazar Hussain Vs Further District Judge, Chakwal claimed in 2004 YLR 322, wherein it's held that, “Co-sharer in possession, if dispossessed experienced two treatments; just one a match for independent possession by partition; and the second a match in accordance with terms of S. nine of Certain Aid Act, 1877”.
In the event that titled: Muhammad Anwar Vs Dr. Gohar Ali, noted in 2007 CLC 621 Karachi, it is actually held that, “After entitlement of the plaintiff towards the match property was founded, partition and division of property could not be denied, Except if, needless to say, it was proven that this sort of property was incapable of division and partition.
Partition is identified by the legal maxim “Nemo in Communione potest invitus detineri”, no you can be saved in co-proprietorship versus his will.
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The courtroom directed the SBCA to inspect the property in concern and post a report regarding any violation on the approved creating prepare.
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