Search Results for "widow ownership"

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Search Results for "widow ownership"

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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...

Supreme Court

Supreme Court Allows Appeal in Family Pension Case, Restoring Tribunal Order Favoring Adopted Son. Child Adopted by Widow After Government Servant's Death Entitled to Family Pension Under Rule 54(14)(b) of Central Civil Services (Pension) Rules, 1972, as Amendments Removed Bar and Hindu Adoptions and Maintenance Act, 1956 Deems Adoption Valid.

17 Jan 2023

The appeal arose from a dispute over entitlement to family pension under the Central Civil Services (Pension) Rules, 1972. The appellant, Sri Ram Shri...

Supreme Court

Supreme Court Allows Tenant's Appeal in Maharashtra Tenancy Act Case — Right to Purchase Not Lost Due to Lack of Knowledge of Landlord's Death. The court held that the limitation period under Section 32-F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 runs from the date the tenant gains knowledge of the cessation of the landlord's disability, not from the date of cessation itself.

18 Sep 2019

The case involves a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948, concerning the right of tenants to purchase agricultural l...

Supreme Court

Supreme Court Dismisses Appeal in Property Dispute Over Inheritance and Limitation Under Mysore Hindu Law Women's Rights Act, 1933. The Court held that the suit for recovery of possession was barred by limitation as the appellants filed beyond 12 years from accrual of title, and the widow's preference under Section 4 of the Act rendered the grand-daughter's sale non est.

3 Apr 2019

The case involves a property dispute over the estate of Ramanna, who died in 1907. Ramanna was survived by his second wife Seethamma and a daughter Ve...

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 Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum with quarterly rests, which was contrary to the contractual rate of 16.5% per annum, and that the award of costs was without reasons.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Partially Allows Challenges to Arbitral Award in Co-operative Bank Dispute — Upholds Liability of Guarantor but Sets Aside Interest Rate and Costs. The court held that the arbitrator exceeded jurisdiction by awarding interest at 24% per annum and costs without agreement, but upheld the principal liability under the guarantee.

27 Jan 2017

The judgment concerns two arbitration petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitral award da...

High Court

Bombay High Court Dismisses Widow's Partition Suit Due to Remarriage Before Hindu Succession Act, 1956 — Section 14 Benefit Not Available to Widow Who Remarried Prior to Act's Commencement

20 Oct 2011

The case involves a second appeal filed by the heirs of the original plaintiff, Sitabai Narhari Rakshe, against the dismissal of her suit for partitio...

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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