Search Results for "Equitable Partition"

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Search Results for "Equitable Partition"

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High Court

Bombay High Court at Goa Allows Second Appeal in Property Partition Suit — Reverses First Appellate Court's Decree and Restores Trial Court's Dismissal. The Court held that the first appellate court failed to frame proper points for determination under Order 41 Rule 31 CPC, and its judgment was perverse and not based on evidence.

16 Jul 2026

The case involves a property dispute among siblings over ancestral property in Campal, Panaji, Goa. The original plaintiffs (respondents) filed a suit...

High Court

Madras High Court Admits Second Appeal in Partition Suit on Questions of Non-Joinder and Inheritance Under Hindu Succession Act. The First Appellate Court’s Reversal of Trial Court’s Dismissal Is Challenged on Grounds That Impleading Omitted Party in Appeal May Not Cure Non-Joinder and That Inherited Property by Sole Son Becomes Absolute, Disentitling Daughters from Partition.

1 Jul 2026

The dispute arose from a suit for partition filed by two daughters against their father and two purchasers, claiming a 2/3 share in the suit property....

High Court

Bombay High Court at Goa Hears Writ Petitions Challenging Constitutional Validity of State Amendments to Succession Law. Petitioners Seek Declaration That Retrospective Amendments Altering Order of Succession and Legitime Are Ultra Vires Article 14 of the Constitution of India.

8 May 2026

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Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Allows Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

High Court

High Court of Karnataka Allows Regular First Appeal, Dismisses Suit for Cancellation of Partition Deed Due to Failure to Prove Duress. Power of Attorney Holder Cannot Testify on Party's State of Mind; Adverse Inference Drawn Against Plaintiff for Non-Examination.

5 Mar 2020

The litigation arose out of a suit filed by the father against his daughter-in-law seeking cancellation of a partition deed and perpetual injunction. ...

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

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

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

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