Search Results for "registered partition deed"

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Search Results for "registered partition deed"

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High Court

Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

2 May 2019

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Setting Aside Appellate Decree for Lack of Substantial Question of Law. The court held that the first appellate court's reversal of the trial court's findings was perverse and not based on evidence, violating Section 100 of the Code of Civil Procedure, 1908.

16 Dec 2016

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the original defendants (appellants) against the ju...

Supreme Court

Supreme Court Upholds High Court's Preliminary Decree in Christian Intestate Succession Case — Family Settlement Not Proved. The Court affirmed that a Christian dying intestate devolves property equally among children and spouse, and an oral family settlement without registration or clear evidence is not binding.

2 Jul 2019

The case involves a dispute over the intestate succession of John D. Abraham, a Christian who died in 1964. The suit property was his estate. The plai...

High Court

High Court of Karnataka at Dharwad Allows Writ Petition, Setting Aside Trial Court's Order on Court Fee in Partition Suit. Plaintiff Entitled to Fixed Court Fee Under Section 35(2) as Joint Possession Presumed Unless Ouster Proved.

17 Jul 2026

The High Court of Karnataka at Dharwad, by its single judge, entertained a writ petition under Articles 226 and 227 of the Constitution of India filed...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Partition Suit — No Interference Under Article 227 as Findings of Fact Are Not Perverse. Court Held That Rejection of Plaint Under Order 7 Rule 11 CPC Is Not Applicable When Suit Is Not Barred by Law and Issues Require Trial.

30 Nov -0001

The present writ petition under Article 227 of the Constitution of India was filed by the legal heirs of the original defendant No.1 (Manohar Ramchand...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Plaintiff Son Entitled to 1/5th Share in Joint Family Properties. Court holds that properties acquired by father from ancestral nucleus and joint family income are joint family properties, not self-acquired, and that the plaintiff is entitled to partition.

13 Oct 2023

The plaintiff, Sri Niroop D J, filed a suit for partition and separate possession of suit properties against his father, mother, and two sisters. The ...

High Court

Bombay High Court Allows Second Appeal in Property Suit — Concurrent Findings Set Aside for Ignoring Compromise Decree. Plaintiff's Sale Deed Upheld as Valid Despite Prior Partition, as Compromise Decree Confirmed Shankar's Half Share and Right to Sell.

2 Aug 2022

The appellant, Dagdu Rangnath Shingan, filed a second appeal challenging the concurrent findings of the trial court and first appellate court which di...

Supreme Court

Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

1 May 2019

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

High Court

Bombay High Court Dismisses Originating Summons for Partition of HUF Property — Plaintiffs Fail to Establish Exclusive Ownership of Mazgaon Property. Court holds that property sold in 2007 was HUF property and proceeds were distributed among all coparceners, including daughters, under Hindu Succession Act, 1956.

27 Feb 2017

The case concerns an Originating Summons filed by Kishore Morarji Bhojraj and Ramesh Morarji Shah (Plaintiffs) against Jaya Hiranchand Karani, Anju Kr...

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