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Search Results for "inheritance"

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Supreme Court

Supreme Court Allows Trust's Suit Against Sevadar, Holds Section 92 CPC Inapplicable to Suits by Trusts. Trust's Suit for Mandatory Injunction and Rendition of Accounts Against Sevadar Maintainable Without Leave Under Section 92 CPC.

31 Jan 2020

The appellant, Ghat Talab Kaulan Wala, a trust, filed a suit for mandatory injunction against Baba Gopal Dass, who was a Sevadar (servant) of the temp...

Supreme Court

Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

22 Nov 2019

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

High Court

Bombay High Court Dismisses Appeal Against Rejection of Temporary Injunction in Property Dispute — Appellants Failed to Establish Prima Facie Case and Balance of Convenience. The court held that the appellants, claiming ownership through inheritance, did not prove possession or title over the suit property, and the trial court's order refusing injunction was not perverse or arbitrary.

3 May 2019

The appellants, Smt. Ratnem Vishnu Kamat and Mr. Vishnu Manjunath Kamat, filed an appeal against the order dated 21/09/2018 passed by the Senior Civil...

High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Siblings — Daughter Held Entitled to Share in Ancestral Property Under Hindu Succession Act, 1956. Court clarifies that daughter's right to inherit from father dying in 1944 is governed by the Hindu Succession Act, 1956, and not by pre-1956 customary law, as the Act applies retrospectively for succession opening after its commencement.

1 Apr 2019

The case involves a dispute between a brother (defendant/appellant) and his sister (plaintiff/respondent) over ancestral agricultural land. Their fath...

High Court

Bombay High Court Dismisses Petition to Discharge Caveat in Probate Proceedings — Legatee Under Prior Will Has Caveatable Interest. The Court held that a legatee under a prior Will has a caveatable interest and is entitled to oppose probate of a later Will, and that the testamentary suit challenging the later Will disclosed a cause of action.

25 Jul 2012

The case involves a dispute over the estate of Mr. Purvez Burjor Dalal, who died on 7 December 2011. The Petitioner, Manek Dara Sukhadwalla, filed a p...

High Court

Bombay High Court Allows Revenue's Appeal in Income Tax Case - Holding Period for Long-Term Capital Gains Determined by Section 2(42A) Explanation 1. Indexation Benefit Requires Asset Held for More Than 36 Months; Inherited Property's Holding Period Includes Previous Owner's Period.

5 Jul 2012

The case involves an appeal by the Commissioner of Income Tax against an order of the Income Tax Appellate Tribunal (ITAT) regarding the computation o...

High Court

Bombay High Court Dismisses Petition Challenging Eligibility of Members to Vote in Cooperative Society Elections. Membership Duration Under Section 27(3-A) of Maharashtra Cooperative Societies Act, 1960 Computed from Date of Enrollment or Resolution Admitting Member, Whichever is Earlier.

13 Apr 2011

The petitioners, who are members of Shri Balaji Sahkari Doodh Utpadak Sanstha (a cooperative milk producers society registered under the Maharashtra C...

High Court

Bombay High Court Allows Appeal in Land Dispute Over Survey Entries — Government's Claim of Ownership Not Established. Court holds that revenue entries are not conclusive proof of title and that the appellants' long-standing possession and ownership based on inheritance and prior documents must be recognized.

18 Feb 2011

The appellants, claiming to be the owners of a property known as 'Caulgale' or 'Caulgalle' in Sanguem, Goa, filed a suit for declaration of ownership ...

High Court

Bombay High Court Allows Specific Performance Appeal in Land Sale Agreement Case — Plaintiff's Readiness and Willingness Established Despite Defendant's Loan Transaction Defence. The court held that the plaintiff's conduct of giving notice and filing suit before the stipulated date demonstrated readiness and willingness under Section 16(c) of the Specific Relief Act, 1963.

1 Dec 2005

The appellant, original plaintiff, filed a suit for specific performance of an agreement of sale dated 14-12-1988, whereby the respondent-defendant ag...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Possession and Mesne Profits — Landlord-Tenant Relationship Established Through Rent Receipts and Admission.

30 Nov -0001

The petitioner, Smt. Kausalyabai Kisan Chavan, filed a writ petition under Article 227 of the Constitution of India challenging the judgment and decre...

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