Search Results for "Hindu family partition"

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Search Results for "Hindu family partition"

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and Possession Within Limitation.

14 Jun 2024

The appellant, Sri N. Umesha, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the concurrent judgments of t...

High Court

Bombay High Court Dismisses Appeal in Family Property Dispute — Upholds Injunction Against Father from Alienating Joint Family Property. Minor Children's Suit for Partition Through Next Friend Held Maintainable Under Order 32 Rule 1 CPC.

15 Jun 2022

The case involves a family dispute over property. The appellant, Ajay Kumar Garg, is the father and the respondents are his minor children (Avyaay Ani...

High Court

High Court of Bombay at Goa Dismisses Second Appeal by Defendants in Partition Suit; Oral Partition of Immovable Property Not Permissible Under Section 2184 of Portuguese Civil Code. The court held that Section 2184 of the Portuguese Civil Code, requiring partition of immovables by written document, remains in force in Goa and is not repealed by the Transfer of Property Act, 1954.

11 Aug 2017

The dispute arose from a suit for partition filed by the respondents (original plaintiffs) against the appellants (original defendants). The 1st plain...

High Court

Bombay High Court Dismisses Second Appeal, Upholds Plaintiff's Title Over Suit Land Based On Will And Section 14 Of Hindu Succession Act. Court Rejects Challenges To Post-Abolition Partition, Applicability Of Section 14(1), And Maintainability Of Injunction Suit Without Declaration, But Keeps Title Findings Limited To The Suit.

28 Jan 2004

The dispute arose from a suit for perpetual injunction filed by the original plaintiff (Popat) claiming exclusive ownership of agricultural lands base...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

High Court of Karnataka Allows Civil Revision Petition in Suit for Declaration of Joint Family Property — Plaint Not Liable for Rejection Under Order VII Rule 11 CPC. Daughters and Minor Son's Suit for Declaration of Joint Family Property and Partition is Maintainable Despite Alleged Prior Partition Deed.

7 Mar 2025

The petitioner-defendant No. 3 filed a civil revision petition under Section 115 of CPC challenging the order dated 19.07.2023 passed by the Senior Ci...

Supreme Court

Dispute Over Partition and Possession of Family Property in Vishakhapatnam. Legal battle ensues over the inheritance and division of a residential property among the heirs of late Ghouse Khan, highlighting issues of succession under Mohammedan Law and the enforceability of a family settlement agreement.

9 Jul 2024

The reasoning of the High Court in holding Exhibit-A6 as a family settlement that would be binding on the parties. The agreement's intent was clear to...

High Court

High Court of Karnataka Allows Writ Petition Challenging Interim Maintenance Order in Partition Suit — Inherent Power Under Section 151 CPC Cannot Be Used to Grant Maintenance Without Specific Provision. The court held that Section 151 CPC does not confer power to grant substantive relief like maintenance in a partition suit, as maintenance is governed by specific statutes.

14 Mar 2019

The petitioners, defendants 1 to 4 in a partition suit, challenged an order dated 17.11.2018 passed by the LXXIII Additional City Civil and Sessions J...

High Court

Bombay High Court Allows Landlord's Possession Claim Under Bombay Tenancy Act — Child in Womb Not a 'Member of Family' for Land Ceiling Exemption. Landlord's Bona Fide Need for Personal Cultivation Established Under Section 25 of Bombay Tenancy and Agricultural Lands Act, 1948, Despite Tenant's Objection Based on Unborn Child.

30 Jul 2010

The petitioner, Hareshkumar Kanhayalal Gujarathi, through his General Power of Attorney holder Govind Dayal Gujarathi, filed a writ petition under Art...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

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