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2020 (2) TMI 1172 - HC - Benami PropertyBenami transaction - petition sued for partition of immoveable properties and dissolution of partnership firms in terms of the Agreement/Family Settlement dated 11th March, 2014 between the plaintiffs and the defendants - HELD THAT:- Plaintiffs are required to take a categorical stand, whether are bound by the partition affected vide the Agreement/Family Settlement dated 11th March, 2014 or are proceeding on the premise that there has been no partition and if are proceeding on the latter premise, to satisfy that they have a share in accordance with law in the properties, title to which is held by others and/or right in the partnership firms, notwithstanding being not a partner thereof. The law recognises jointness only in the event of existence of a coparcenary and no coparcenary is pleaded. In relation to partnership also, the law distinguishes between partnership firm under the Partnership Act, 1932 and a Joint Hindu Family Business Firm to which the Partnership Act is not applicable. Though the Benami Law also admits of exceptions but no case of the title holders or the partners being trustees or having held property for the benefit of others, has been pleaded. The counsel for the plaintiffs seeks time to consider. - Matter adjourned.
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