Search Results for "predeceased son"

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Search Results for "predeceased son"

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High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

High Court

Bombay High Court Dismisses Daughter's Claim for Inheritance in Father's Property Dying Prior to 1956 Leaving Widow — Daughter Has No Right Under Hindu Women's Right to Property Act, 1937. The court held that under the Act of 1937, the widow alone inherits the separate property of her husband to the exclusion of the daughter, and the daughter cannot claim any right by inheritance when the father died before the Hindu Succession Act, 1956.

12 Nov 2024

The judgment concerns three second appeals referred to a Division Bench of the Bombay High Court to answer a substantial question of law regarding a d...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

Supreme Court

Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

22 Nov 2019

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

High Court

Bombay High Court Allows Appeal in Adoption and Hindu Women's Property Rights Case — Widow's Adoption in 1953 Does Not Extinguish Her Limited Estate Under Hindu Women's Rights to Property Act, 1937. The court held that the widow's adoption of a son does not divest her of the limited estate she inherited from her husband under the 1937 Act, and the adopted son does not acquire any right to the property during her lifetime.

19 Oct 2018

The case involves a second appeal before the Bombay High Court concerning the effect of adoption by a widow in 1953 on her rights under the Hindu Wome...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

30 Jul 2018

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

High Court

Bombay High Court Interprets Section 55 of Indian Succession Act, 1925 to Determine Per Stirpes vs Per Capita Succession Among Lineal Descendants of Deceased Siblings. The court held that under Section 55, descendants of deceased brothers and sisters take per stirpes, not per capita, in intestate succession.

21 Apr 2017

The suit was filed for administration of the estate of three deceased individuals: Edulji Ardeshir Choksey, Sheroo Ardeshir Choksey, and Ratan Ardeshi...

High Court

Bombay High Court Allows Appeal in Inheritance Dispute — Widow of Predeceased Son Not Entitled to Inherit from Father-in-Law Under Hindu Succession Act. The court held that the widow of a predeceased son is not a Class I heir under Section 8 of the Hindu Succession Act, 1956, and thus cannot claim inheritance from her father-in-law.

21 Mar 2017

The case involves a second appeal before the Bombay High Court at Goa arising from a suit filed by the respondents claiming inheritance of properties ...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Allows Second Appeals in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. First Appellate Court Failed to Independently Re-Appreciate Evidence, Rendering Its Judgment Perverse and Liable to Be Set Aside Under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves two second appeals arising from a property dispute between the appellants, Bhagirathibai and Wanmala, and the respondents,...

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