Search Results for "Ancestral property"

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Madras High Court Allows Appeal in Partition Suit, Sets Aside Trial Court Decree Dismissing Suit as Not Maintainable. Father Cannot Execute Will Over Ancestral Property to Defeat Son's Right by Birth Under Hindu Succession Act, 1956.

The appellant/plaintiff, Karthikeyan, filed a suit for partition seeking a ½ share in the suit properties, claiming they were ancestral coparcenary p...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Supreme Court Upholds Impartible Estate Status of Nazul Property in Former Ruler's Succession Dispute. Perpetual Leasehold Rights Held as Part of Impartible Estate Governed by Primogeniture, Not Coparcenary Property.

The Supreme Court of India heard civil appeals arising from a common judgment of the Allahabad High Court concerning the nature of perpetual leasehold...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Supreme Court Allows Appeal in Property Dispute Over Coparcenary Rights and Validity of Sale Deeds. The Court held that property inherited under Mitakshara law remains coparcenary, and a coparcener by birth can challenge alienations without legal necessity.

The present civil appeal arises from a property dispute concerning agricultural land in Village Khangarh, District Ferozepur, Punjab. The appellant, A...

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Supreme Court Allows Appeal in Partition Suit: High Court Exceeded Jurisdiction Under Section 100 CPC by Reappreciating Evidence. The Court restored concurrent findings of trial court and first appellate court dismissing suits for partition and injunction.

The Supreme Court considered appeals against a common judgment of the Madras High Court which, in exercise of its second appellate jurisdiction under ...

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Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

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Bombay High Court Dismisses Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court which con...