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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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High Court of Karnataka Dismisses Appeal in Succession Act Case — Will Not Duly Executed as Per Section 63 of Indian Succession Act, 1925. Propounder Failed to Prove Execution and Attestation Requirements, Leading to Dismissal of Probate Petition.

The case involves an appeal filed by Mrs. Eulalia Sequeira Nee Menezes against the dismissal of her petition for probate of a Will dated 06.08.1993 al...

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Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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APPEAL NO. 313 OF 2015

These appeals arose from a common judgment and order dated 31st March 2015 passed by a Single Judge of the Bombay High Court in two proceedings: Suit ...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife.

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which gr...

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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.

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 ...

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Bombay High Court Dismisses Appeal by Daughter Claiming Prior Partition, Upholds Sale Deed Executed by Widow in Favour of Other Daughter. Widow's Absolute Ownership Under Section 14(1) of Hindu Succession Act, 1956 Validly Transferred Title to Purchaser Daughter.

The dispute concerns agricultural land and a house originally owned by Eknath, who died in 1953 leaving behind his widow Salubai and two daughters, Ch...

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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 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...