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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.

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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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees granting 1/3rd share to plaintiffs in joint family property, rejecting defendants' claim of prior partition.

The present regular second appeal was filed by defendants No.1 to 6 (appellants) under Order XLII Rule 1 read with Section 100 of the Code of Civil Pr...

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Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

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Bombay High Court Dismisses Appeal in Partition Suit — Upholds Trial Court's Refusal to Amend Plaint After 14 Years. Amendment Sought to Introduce New Case of Fraud and Collusion Rejected as Barred by Limitation and Laches.

The appeal arose from a suit for partition and declaration filed by the appellant, Minakshi Mahendra Pitroda, against the respondents. The suit proper...

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Supreme Court Dismisses Appeal on Will Interpretation: Joint Tenancy Rejected, Per Stirpes Succession Affirmed. Will Construed to Give Foster Children Life Estate as Tenants in Common; Descendants Take Per Stirpes Under Hindu Law.

The dispute arose from the will of a childless Hindu lady who had brought up a boy, B, and a girl, K, as her foster children. By her will, after her d...