Search Results for "coparceners"

251 result(s) found

Scroll Down To Discover

Found 251 result(s)

© Image Copyrights Juris Services & Technology

Bombay High Court Upholds Sale of Coparcenary Property by Karta for Legal Necessity in Partition Suit. Sale by father for antecedent debt and legal necessity is binding on sons under Hindu law, and purchaser's title is protected.

The case involves a second appeal filed by the original plaintiffs (sons and wife of defendant No.1) against the judgment of the Additional District J...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Court holds that alienation of joint family property by a karta without legal necessity or benefit to estate does not bind other coparceners under Hindu law.

The case involves a second appeal filed by the original defendant No.1 against the judgment of the appellate court in a partition suit. The plaintiffs...

© Image Copyrights Juris Services & Technology

Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Allows Daughters' Partition Suit Against Alienation by Father — Sale Deed Set Aside as Not Binding on Coparcenary. Daughters are coparceners by birth under Section 6 of Hindu Succession Act, 1956, and alienation without legal necessity is invalid.

The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration t...

© Image Copyrights Juris Services & Technology

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.

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...

© Image Copyrights Juris Services & Technology

Bombay High Court Allows Impleadment Application in Partition Suit Under Order I Rule 10 CPC. Petitioners Claiming to be Coparceners Held Necessary Parties for Effective Adjudication.

The petitioners filed a writ petition challenging the order of the Civil Judge, Junior Division, Panhala, Kolhapur, rejecting their application under ...

© Image Copyrights Juris Services & Technology

High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

© Image Copyrights Juris Services & Technology

Supreme Court Dismisses Appeal by Purchaser Against High Court Decision That Compromise Decree Does Not Bind Coparceners. Property Reacquired by Coparceners Through Court Decree Retains Joint Family Character, Requiring Consent of All Coparceners for Valid Compromise Under Hindu Law.

The Supreme Court dismissed an appeal against the High Court's judgment which declared that a compromise decree dated 25 March 1976, entered into betw...

© Image Copyrights Juris Services & Technology

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.

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...