Search Results for "undivided coparcenary interest"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "undivided coparcenary interest"

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High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

5 May 2014

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

High Court

Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

22 Dec 2023

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

14 Jul 2023

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

High Court

Gujarat High Court Allows Second Appeal in Will Dispute — Sets Aside Appellate Judgment for Failure to Consider Evidence on Testamentary Capacity. The Court holds that the First Appellate Court failed to independently assess evidence regarding the testator's mental capacity and the validity of the Will, and remands the matter for fresh consideration.

6 Feb 2026

The present second appeal arises from a dispute concerning the validity of a Will dated 15.04.1986 executed by Reshiabhai, the grandfather of appellan...

High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

High Court

High Court of Gujarat Allows Appeal in Property Dispute Case — Sale Deed Cancelled Due to Lack of Consideration and Fraud. The court held that a sale deed executed without payment of consideration and based on fraudulent misrepresentation is voidable and liable to be set aside under the Specific Relief Act, 1963.

24 Mar 2026

The present appeal arises from a judgment and decree dated 10.12.2019 passed by the learned 4th Additional Senior Civil Judge, Ahmedabad in Special Ci...

Supreme Court

Supreme Court Examines Whether High Court's Review Order Exceeded Limited Review Jurisdiction in Ancestral Property Partition Dispute. Court Reiterates That Review Under Order 47 Rule 1 CPC Cannot Be Used as Appeal in Disguise and Must Be Confined to Specified Grounds When Daughter-Asserted Coparcenary Rights Were Remanded for Fresh Inquiry.

1 Jan 1970

Background — The dispute arose from a partition suit OS No. 192 of 2000 filed by Subramani against his father Munasamy Naidu in the District Munsiff...

High Court

Bombay High Court Upholds Plaintiff's Right to Partition in Hindu Succession Dispute Despite Alleged Oral Relinquishment. Daughter's Claim Allowed as Property Inherited by Class-I Female Heirs Under Sections 6, 8, and 19 of Hindu Succession Act, 1956 Became Separate Property, Making Oral Relinquishment Ineffective and Suit Within Limitation Under Articles 110 and 65 of Limitation Act, 1963.

2 Apr 2025

The second appeal arose from a suit for partition and separate possession concerning agricultural land. The respondent/plaintiff was the sister of dec...

Supreme Court

Supreme Court Examines Karta's Power to Alienate HUF Property for Legal Necessity in Civil Appeal Against High Court's Decree of Partition. Legal Necessity Includes Marriage Expenses of Daughters; Alienation for Value Binds Coparceners if Necessity Proved.

1 Jan 1970

The dispute pertained to alienation of joint Hindu family property by its Karta. Plaintiff, one of the sons of the Karta, challenged a sale deed execu...

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