Search Results for "Hindu Succession Act, 1956"

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Search Results for "Hindu Succession Act, 1956"

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Supreme Court

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.

15 May 2026

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 ...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Over Gift Deed and Partition. Family Settlement of 1953 Held Valid Despite Non-Registration, and Gift by Widow to Grandson Upheld as Binding on Heirs.

6 Oct 2025

The dispute pertains to properties originally owned by Balaji, who died intestate in 1932. His widow Laxmibai and three sons Harihar, Keshao, and Krus...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

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

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Lower Courts. Family Arrangement and Benami Transaction Allegations Rejected as Property Purchased by Deceased from Own Earnings and Joint Family Income.

21 Aug 2018

The case involves a partition suit filed by the wife and children of the deceased Macchhindra against his brothers (appellants). The plaintiffs sought...

High Court

Bombay High Court Dismisses Impleadment Application by Stepchild in Partition Suit — Stepchild Not a Legal Heir Under Hindu Succession Act. The court held that a stepchild has no legal interest in the joint family property of a deceased coparcener and cannot be impleaded in a partition suit.

12 Jan 2018

The Bombay High Court dismissed a chamber summons filed by a third-party applicant seeking impleadment in a partition suit. The suit involved partitio...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Confirms That Lands Belonging to Defendant No. 5 Are Her Absolute Property Not Subject to Partition. The Court upholds the concurrent findings of the lower courts that the plaintiff failed to prove that the three disputed lands were ancestral joint family properties.

16 Apr 2014

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment and decree of the Regular Civi...

High Court

Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

10 Jun 2013

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

High Court

Bombay High Court Allows Interim Application in Suit for Declaration and Injunction — Dispute Over Ownership of Flat and Alleged Forged Power of Attorney. Court Restrains Respondent No.1 from Creating Third-Party Rights Over Flat Pending Trial, Holding That Prima Facie Case and Balance of Convenience Favor Applicant.

30 Nov -0001

The applicant, Santsaran Gursaran Advani Alias Papan Advani, filed a suit seeking declaration of ownership and permanent injunction against the respon...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

30 Nov -0001

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...

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