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Madras High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Oral Partition and Adverse Possession. The court held that an oral partition during the lifetime of the father is valid and that the plaintiff failed to prove joint possession or title to the suit properties.

The plaintiff, Rajaraman, filed a suit for partition claiming 1/3rd share in two items of property allegedly belonging to his father Nadesa Vanniyar. ...

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Madras High Court Allows Second Appeal in Property Injunction Suit — Concurrent Findings Set Aside Due to Lack of Evidence of Title and Possession. Family Arrangement and Adverse Possession Claims Fail as Plaintiffs Failed to Prove Possession and Necessary Parties Were Not Impleaded.

The case involves a Second Appeal filed by the defendant Selvaraj against the concurrent judgments of the Trial Court and First Appellate Court which ...

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High Court of Karnataka Allows Appeal in Property Suit — Remand Order Set Aside Due to Lack of Jurisdiction. First Appellate Court Exceeded Its Powers Under Order 41 Rule 23 CPC by Remanding Suit Without Satisfying Conditions for Remand.

The appellants, as plaintiffs, filed a suit for declaration of ownership, possession, and permanent injunction in respect of suit schedule property. T...

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High Court of Karnataka Dismisses Husband's Appeal in Muslim Wife's Restitution of Conjugal Rights Suit. Muslim Personal Law Recognizes Wife's Right to Seek Restitution of Conjugal Rights Under Section 9 of the Dissolution of Muslim Marriages Act, 1939.

The case involves a Regular Second Appeal filed by the defendant-husband against the judgment and decree of the Senior Civil Judge, Hukkeri, which aff...

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Supreme Court Dismisses Appeal on Customary Law Succession; Property Inherited from Maternal Grandfather Held Not Ancestral. Punjab Customary Law Declares That a Hindu Male’s Inheritance from His Maternal Grandfather Is Not Ancestral Qua His Sons, and Alienation Does Not Require Legal Necessity.

The dispute concerns the nature of property inherited by a Hindu male from his maternal grandfather under the customary law prevailing in Punjab. The ...

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High Court of Karnataka Not mentioned appeal in partition suit concerning rights of a remarried widow under Section 24 of Hindu Succession Act, 1956. The core legal question was whether the remarriage of the widow of a predeceased son prior to the opening of succession disqualifies her from inheritance.

The appeal arose from a decree in O.S.No.840/2001 on the file of I Additional City Civil and Sessions Judge, Bengaluru, decreeing the suit for partiti...

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Bombay High Court Adjudicates Testamentary Suit Over Letters of Administration of Intestate Estate. Heirs' rights to apply for administration and valuation of deceased's partnership interest were contested, with caveator's objection not withdrawn despite release deed.

The proceedings concerned a petition for Letters of Administration to the estate of Shankarrao H. Parelkar, who died intestate on 8 November 1979. He ...