Search Results for "Inheritance Shares"

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High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Share in Joint Family Property. Daughter's claim for partition and separate possession of 1/2 share in suit properties decreed, setting aside trial court's dismissal.

The Regular First Appeal was filed by the plaintiff, Smt. Mallawwa Laxman Yadahalli (since deceased, represented by her LR Smt. Parvati Gorawade), cha...

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Supreme Court Refers Question of Interpretation of Section 14 of Hindu Succession Act, 1956 to Larger Bench Due to Conflicting Precedents. Property received by Hindu female in lieu of maintenance under a will creating life estate raises question whether it falls under Section 14(1) or 14(2).

The present appeal arises from a suit for declaration and possession filed by the respondents (son and grandson of the testator) against the appellant...

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Bombay High Court Allows Second Appeal in Specific Performance Execution Dispute — Maintainability of Appeal Under Section 47 CPC Clarified. Court holds that an order rejecting objection under Section 47 CPC is a decree appealable under Section 96 CPC, not revisable under Section 115 CPC.

The present second appeal is filed by the appellant, original plaintiff, aggrieved by the judgment and decree passed by the learned District Judge-9 a...

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Bombay High Court Allows Second Appeal in Partition Suit, Holds Suit Bad for Non-Joinder of Necessary Parties. All co-sharers and co-partners are necessary parties in a suit for partition and possession; failure to join them renders the suit liable to dismissal.

The case involves a second appeal arising from a suit for partition and possession of agricultural land. The respondents (plaintiffs) filed the suit a...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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Supreme Court Dismisses Appeals in Partition Dispute Over Estate of Late Col. Kultar Singh Dhillon — Territorial Jurisdiction and Preliminary Issues Not Grounds for Rejection of Plaint

The Supreme Court dismissed two civil appeals arising from a partition dispute over the estate of late Col. Kultar Singh Dhillon, who died on 6th Janu...

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Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...