Search Results for "Joint Hindu Family"

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Gujarat High Court Dismisses Habeas Corpus Petition by Mother Seeking Custody of Minor Daughter from Father. Custody Dispute Between Parents Must Be Adjudicated Under Guardians and Wards Act, 1890, Not Through Habeas Corpus, as Father's Custody as Natural Guardian Is Not Per Se Illegal.

The petitioner, Kinjal, filed a habeas corpus petition seeking production of her four-year-old daughter Trishika, alleging that the child was in the u...

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Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

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Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

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Supreme Court Dismisses Appeal in Partition Suit, Upholds Concurrent Findings of Trial Court and High Court. Property Purchased in Wife's Name Held to be Joint Family Property Based on Evidence of Contribution from Husband's Ancestral Funds.

The case involves a partition suit filed by Rajeswari and others (plaintiffs) against Mangathai Ammal and others (defendants) concerning properties cl...

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Supreme Court Dismisses Appeal in Adoption Dispute Due to Abatement — Conflict of Decrees Would Arise if Appeal Proceeded. Right to Sue Did Not Survive to Surviving Appellant Alone; Appeal Abated as a Whole Under Order XXII Rule 3 CPC.

The Supreme Court dismissed an appeal arising from a suit challenging the validity of an adoption. The appellants, two brothers, had filed a suit seek...

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Bombay High Court Allows Partition Appeal for Widow Under Hindu Women's Right to Property Act, 1937 — Half Share Upheld Despite Pre-1956 Death. Court holds that Section 3(2) of the 1937 Act creates a widow's interest in her husband's property, which is not extinguished by subsequent events.

The case involves a second appeal by the legal representatives of the original plaintiff Chandrabai, who filed a suit for partition and separate posse...

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Bombay High Court Allows Second Appeal in Partition Suit — Finds Substantial Question of Law on Adverse Possession and Limitation. Court holds that the first appellate court failed to properly consider the plea of adverse possession and limitation, and remands the matter for fresh consideration.

The case involves a second appeal arising from a partition suit. The appellants, original plaintiffs, filed a suit for partition and separate possessi...

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Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds lower appellate court's decree confirming plaintiff's title and possession based on sale deed and adverse possession.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, arising from a property dispute. The original plaintiff (sin...