Search Results for "Hindu Succession (Amendment) Act 2005"

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Search Results for "Hindu Succession (Amendment) Act 2005"

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High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Upholds Validity of Will in Testamentary Suit and Examines Constitutional Validity of Hindu Succession Act Provisions. The Court Found the Handwritten Will Validly Executed and Considered Whether Sections 8 and 15 of the Hindu Succession Act, 1956 Discriminate on Grounds of Gender in Succession Matters.

6 Nov 2012

The judgment involved two testamentary suits before the High Court of Judicature at Bombay. In Testamentary Suit No. 48 of 2005, the plaintiff claimed...

High Court

Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

14 Aug 2014

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

High Court

Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

29 Aug 2024

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

23 Sep 2011

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

High Court

High Court of Karnataka Allows Petition to Implead Daughter in Final Decree Proceedings Under Order 1 Rule 10(2) CPC — Amendment to Section 6 of Hindu Succession Act, 1956 Confers Coparcenary Rights on Daughters Born Before 2005

28 Jul 2015

The petitioner, Smt. Honamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 4.6.2014 passed...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

High Court

Bombay High Court Dismisses Petition Challenging Revision of Shares in Partition Decree to Include Daughters as Coparceners. The court held that a preliminary decree for partition does not attain finality until the final decree is passed, and shares can be revised in execution proceedings under the amended Section 6 of the Hindu Succession Act, 2005.

19 Aug 2022

The petitioner, Jayendra Sahdeo Abnave, challenged an order passed by the learned Adhoc District Judge, Shrirampur in Civil Misc. Application No. 5 of...

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