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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...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

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 at Goa Dismisses Second Appeal by Defendants in Partition Suit; Oral Partition of Immovable Property Not Permissible Under Section 2184 of Portuguese Civil Code. The court held that Section 2184 of the Portuguese Civil Code, requiring partition of immovables by written document, remains in force in Goa and is not repealed by the Transfer of Property Act, 1954.

11 Aug 2017

The dispute arose from a suit for partition filed by the respondents (original plaintiffs) against the appellants (original defendants). The 1st plain...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Daughters' Right to Equal Share in Joint Family Property. The court held that daughters are coparceners under Section 6 of Hindu Succession Act, 1956, and the suit for partition is not barred by limitation.

9 Oct 2023

The case involves two Regular First Appeals filed against the judgment and decree dated 22.04.2016 in O.S.No.173/2011 passed by the Principal Senior C...

High Court

Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

28 Mar 2014

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

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...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

13 Feb 2025

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

High Court

Bombay High Court Dismisses Writ Petition Challenging Appointment of Court Commissioner in Execution of Partition Decree. Executing Court's Order to Appoint Commissioner to Propose Mode of Execution Upheld as Not Final and Subject to Objections.

13 Nov 2019

The petitioner, Pramod Dattatraya Kand, the judgment debtor, challenged an order dated 07.09.2019 passed by the Executing Court in Final Decree Applic...

Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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