Partition
Claim for greater share—Propriety—Sale deed reflects both parties as joint purchasers, without specifying any differentiated ratio in ownership—Even as on date, both parties are jointly servicing the housing loan and are contributing equally towards the EMI payments—Having unequivocally admitted the co-ownership of the suit property and continued to discharge joint financial obligations arising therefrom, the appellant cannot, at this stage, turn around and claim a greater share on the purported ground of having allegedly contributed more towards furnishing or renovation of the property.
[Para 17]
Right of residence under the Domestic Violence Act cannot operate as a bar to lawful partition proceedings initiated by a co-owner. [Protection of Women from Domestic Violence Act, 2005, Section 17]
[Paras 21 & 22]
Decision : Appeal dismissed