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Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree Dismissing Suit as Not Maintainable. Father Cannot Execute Will Over Ancestral Property to Defeat Son's Right by Birth Under Hindu Succession Act, 1956.

The appellant/plaintiff, Karthikeyan, filed a suit for partition seeking a ½ share in the suit properties, claiming they were ancestral coparcenary p...

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High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Bombay High Court Dismisses Partition Suit and Upholds Wills in Family Property Dispute. Wills and Codicils Executed by Testator and Testatrix Found Valid, No Undue Influence or Lack of Testamentary Capacity Established.

The judgment concerns a family dispute over the estate of Chimanlal Chinai and his wife Shardaben Chinai. The plaintiffs, legal heirs of Dinkar Chinai...