Search Results for "registered partition deed"

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Search Results for "registered partition deed"

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High Court

Karnataka High Court Allows Unregistered Partition Deed for Collateral Purpose in Partition Suit — Document Admissible Despite Non-Registration and Insufficient Stamp Duty. The court held that an unregistered partition deed can be admitted for collateral purpose of proving fact of partition, subject to payment of stamp duty and penalty under Section 35 of Karnataka Stamp Act, 1957.

22 Apr 2015

The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civi...

High Court

Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

23 Dec 2016

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Between Brothers — Unregistered Memorandum of Partition Admissible to Prove Nature of Possession. The court held that an unregistered partition deed, though required to be registered under Section 17 of the Registration Act, 1908, is admissible under the proviso to Section 49 to prove the nature and character of possession as a collateral transaction.

26 Sep 2016

The dispute in this second appeal arises between two real brothers over a suit plot and house at Subhash Nagar, Nagpur. The plaintiff-respondent (sinc...

High Court

Bombay High Court Partition Suit Due to Plaintiff's Admission of Prior Partition in Legal Notice. Unregistered Partition Deed Not Admissible Under Registration Act but Admission in Notice Proves Partition and Bars Fresh Suit.

4 Aug 2026

The litigation arose from a suit for partition and separate possession of agricultural lands, house property, and other assets originally filed by the...

High Court

High Court of Judicature at Madras Allows Appeal and Sets Aside Preliminary Partition Decree; Registered Release Deed Held Proved. The Court ruled that a registered document coupled with testimony of an attesting witness discharged the burden of proof, and the Trial Court's demand for expert evidence was unwarranted.

17 Feb 2025

The appeal arose from a suit for partition of ancestral property originally owned by Kuppu Udayar, who had two wives, Thangayammal and Ramayee. The pl...

High Court

Bombay High Court Quashes Trial Court Order Impounding Unregistered Partition Deed — Registration Not Mandatory for Partition of Joint Hindu Family Property Under Article 46 of Maharashtra Stamp Act, 1958. The court held that the trial court erred in mixing issues of registration and stamping, and that the partition deed was not a release deed.

25 Oct 2024

The petitioner, Balaso Bhimgonda Patil, challenged an order of the trial court in Regular Civil Suit No.105 of 2014 pending before the Civil Judge Sen...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Between Maternal Uncle and Nephew — Partition Deed Upheld as Valid Under Hindu Law. The court held that a registered partition deed executed in 1952 between two brothers was valid and that the mother of the defendant had only a limited right of maintenance under the Hindu Women's Rights to Property Act, 1937, which did not affect the partition.

9 Jun 2011

The case involves a property dispute between a maternal uncle (plaintiff) and his nephew (defendant) over a residential house. The plaintiff's father ...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Land Acquisition for Resettlement of Project Affected Persons Under Maharashtra Resettlement Act. Court Holds That Written Family Arrangement Without Registered Partition Deed Does Not Constitute Lawful Partition and Thus Individual Holdings Cannot Be Deemed Below Eight Acres to Exempt from Acquisition.

18 Aug 2005

The Bombay High Court heard two writ petitions together challenging land acquisition proceedings initiated by the State of Maharashtra for the resettl...

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

Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

29 Jun 2005

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

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