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Search Results for "Hindu family partition"

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Supreme Court

Supreme Court Allows Appeal in Property Partition Dispute, Reversing High Court's Decision on Self-Acquired Property Status. The Court held that the High Court exceeded jurisdiction under Section 100 CPC by deciding a factual issue, and the property was self-acquired as purchased after partition using own funds, not joint family funds.

22 Apr 2025

The dispute involved a property partition suit among family members. The appellant, as Defendant No.2, purchased the suit property from Defendant No.1...

High Court

High Court of Karnataka Delivers Judgment in Regular Second Appeal Under Section 100 CPC Regarding Poojaraki Rights and Injunction. Appeal Filed by Defendants Against Concurrent Decrees of Lower Courts Partly Decreeing Suit for Declaration and Permanent Injunction.

24 Feb 2023

The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs,...

High Court

Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

14 Jun 2024

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit Between Brothers — Unregistered Memorandum of Partition Admissible to Prove Nature of Possession. The court held that an unregistered partition deed, though required to be registered under Section 17 of the Registration Act, 1908, is admissible under the proviso to Section 49 to prove the nature and character of possession as a collateral transaction.

26 Sep 2016

The dispute in this second appeal arises between two real brothers over a suit plot and house at Subhash Nagar, Nagpur. The plaintiff-respondent (sinc...

High Court

Bombay High Court Dismisses Parents' Petition for Full Family Pension After Widow's Remarriage — Family Pension Entitlement Ceases Upon Remarriage Under Army Pension Regulations. The court upheld the validity of para 11.3 of the letter dated 12.11.2008 and held that parents are not entitled to full family pension after the widow's remarriage.

16 Sep 2015

The petitioners, Smt. Shakuntala Bansidhar Gadekar and Bansidhar s/o Bhaudu Gadekar, are the parents of deceased Vijay Gadekar, who served in the Indi...

Supreme Court

Supreme Court Upholds Appellant's Absolute Ownership in Hindu Succession Dispute Over Limited Estate Under Will. The Court held that a limited life interest conferred by a Will falls under Section 14(2) of Hindu Succession Act, 1956, preventing expansion to absolute ownership, and applied res judicata to bar re-litigation of previously adjudicated matters.

1 Feb 2022

The dispute arose from a Will dated 15.4.1968 by Tulsi Ram, who died on 17.11.1969, bequeathing property in Village Jundla, Haryana, to his son (the a...

High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

9 Oct 2017

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

High Court

Bombay High Court Dismisses Second Appeals in Property Partition Suit, Upholding Concurrent Findings of Courts Below. Family Property Partition Decree Confirmed as No Substantial Question of Law Arises Under Section 100 CPC.

6 Feb 2014

The judgment pertains to two second appeals arising from a partition suit concerning family property. The appellant in Second Appeal No.164 of 2002, B...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

10 Jan 2014

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for partition dismissed as plaintiff failed to prove joint family property and possession; no substantial question of law arose.

21 Jun 2024

The present second appeal was filed under Section 100 of the Code of Civil Procedure, 1908 (CPC) by the defendant No.1 challenging the judgment and de...

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