Search Results for "Hindu family partition"

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Search Results for "Hindu family partition"

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High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Alienation. Court holds that a coparcener's alienation of joint family property without legal necessity is voidable, not void, and that the alienee is entitled to partition of the alienor's share.

6 Feb 2013

The case arises from a partition suit filed by the plaintiff, Vimlabai, seeking partition and separate possession of joint family properties. The tria...

High Court

High Court of Karnataka Dharwad Bench Delivers Judgment in Regular First Appeal Against Dismissal of Partition Suit by Trial Court. The suit involved claims of joint family property, partnership business, and allegations of prior partition through relinquishment deeds and gifts.

24 Sep 2021

The case involves a regular first appeal filed by the appellant/plaintiff against the judgment and decree dated 30.11.2013 in O.S.No.248/2006 passed b...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

High Court

High Court of Bombay Adjudicates Second Appeals on Family Partition and Tenancy Rights. Substantial Questions of Law Include Effect of Registered Sale Deed, Purchase Under Section 32G, and Treatment of 1945 Family Arrangement as Partition.

11 Feb 2010

Background: This second appeal before the High Court of Judicature at Bombay arose from a partition suit filed by the original plaintiff against his b...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Adverse Possession. The court held that the lower appellate court correctly reversed the trial court's finding on adverse possession as the defendant failed to prove ouster and hostile possession for the statutory period.

26 May 2023

The appellant, defendant No.6 in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) challenging the ...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — No Substantial Question of Law Arises. Concurrent findings of fact regarding joint family status and limitation cannot be interfered with under Section 100 CPC.

19 Feb 2014

The appellants, along with one Ramappa, filed a suit for declaration, partition, and separate possession of suit schedule properties, alleging the exi...

High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

Supreme Court

Supreme Court Allows Appeal in Partition Suit, Restores Concurrent Findings of Courts Below. High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence on Legal Necessity and Antecedent Debt.

9 May 2019

The present appeal arises from a partition suit filed by the original plaintiff, Rengan Ambalam, seeking a 1/3rd share in joint family properties, par...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

19 Jul 2016

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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