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Bombay High Court Quashes Demand Notices for Transfer Premium in Lease Assignment Case. Co-operative Society's Assignment of Lease to Members Does Not Attract Transfer Premium Under MCGM Policy.

The petitioners, Homi Villa Co-operative Housing Society Limited and others, filed a writ petition under Article 226 of the Constitution of India befo...

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Supreme Court Dismisses Cooperative Society's Appeals Challenging Sale Deeds Executed in Favor of Members. Arbitrator under Delhi Cooperative Societies Act lacks jurisdiction to adjudicate validity of registered sale deeds, which can only be challenged before civil court.

The Supreme Court dismissed the appeals filed by Delhi Dayalbagh Cooperative House Building Society Ltd. against the orders of the Delhi High Court, w...

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Karnataka High Court Dismisses Appeal in Partition Suit — Muslim Personal Law Overrides Karnataka Stamp Act. Settlement Deed Among Muslim Parties Not Required to Be Stamped Under Article 48 of Karnataka Stamp Act, 1957.

The case involves a partition suit filed by the respondents (daughters and widow of late T.A. Abdul Jabbar) against the appellants (sons of late T.A. ...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

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Madras High Court Quashes Criminal Proceedings in Family Property Dispute — Settlement Deeds and Will Not Proven Forged. Court holds that mere pendency of civil suit does not automatically lead to criminal liability under Sections 465, 467, 468, 471 IPC without independent evidence of forgery.

The petitioners, Sugarthi @ Barshiya and Nizam Baizal, filed a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeki...