Search Results for "Coparcenary Property"

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Search Results for "Coparcenary Property"

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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

Daughter’s Right to Coparcenary Property Under Amended Section 6 of the Hindu Succession Act, 1956: Even if Father Died Before the Act Came into Force

29 Aug 2024

Retroactive Application of Amended Section 6: The 2005 Amendment to Section 6 of the Hindu Succession Act, 1956 is retroactive, not retrospective...

Supreme Court

Supreme Court Partially Modifies High Court Judgment on Partition of Ancestral Properties. Respondents' entitlement to shares adjusted; self-acquired properties excluded from partition.

8 Jul 2024

Civil Appeals challenge the judgment of the High Court of Karnataka, Dharwad Bench, in R.F.A. No.3052 of 2010 and Cross-objection No. 103 of 2011. The...

High Court

Karnataka High Court Dismisses Second Appeal in Property Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction and Declaration Dismissed as Plaintiff Failed to Prove Possession and Title Over Suit Property.

19 Apr 2024

The appellant, Sri B.N. Devaraju, filed a second appeal before the Karnataka High Court against the concurrent judgments of the trial court and the fi...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

18 Dec 2023

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

High Court

High Court of Karnataka Dismisses Appeal in Injunction Suit — Upholds Trial Court's Finding of Possession in Favor of Plaintiffs. The court held that the appellant-defendant failed to prove her title and possession over the suit property, and the plaintiffs established their prior possession and entitlement to injunction under Section 38 of the Specific Relief Act, 1963.

9 Dec 2020

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, by the unsuccessful defendant No.2, C.N. Leelava...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Property Dispute — Mother Cannot Act as Guardian of Minor Daughter's Separate Property Inherited from Father. Release Deed Executed by Mother as Guardian of Minor Daughter Without Court Sanction is Voidable, Not Void Ab Initio, and Must Be Challenged Within Limitation Period.

8 Jan 2020

The dispute originated from a suit for partition filed by the youngest daughter of Moola Gounder, who died intestate on 28.12.1971. Moola Gounder was ...

Supreme Court

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.

22 Nov 2019

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...

High Court

Bombay High Court Allows Second Appeals in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. First Appellate Court Failed to Independently Re-Appreciate Evidence, Rendering Its Judgment Perverse and Liable to Be Set Aside Under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves two second appeals arising from a property dispute between the appellants, Bhagirathibai and Wanmala, and the respondents,...

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