Search Results for "Notional Partition"

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Supreme Court

Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

15 May 2026

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

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 Property Suit, Upholds Concurrent Findings of Courts Below. Suit for Declaration of Ownership and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession Over Suit Property.

14 Mar 2024

The case involves a second appeal filed by the original plaintiffs (appellants) against the judgment and decree of the District Court dismissing their...

High Court

KAHC010525052012_1

23 Aug 2021

The litigation originated from a suit for partition and declaration filed by the plaintiff, D. Sujatha, against the legal representatives of the origi...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

High Court

Karnataka High Court Dismisses Second Appeals in Partition Suit; Upholds Concurrent Findings That Properties Are Joint Family and Partition Deed Not Binding. Defendants Failed to Prove Self-Acquired Nature of Lands, and Partition Deed Invalid as Mother's Consent Not Obtained for Minors' Shares.

15 Nov 2016

The dispute arose from a suit for partition filed by the widow and children of late Praveen Deshpande against his parents and brothers seeking one-six...

High Court

Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

28 Mar 2014

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

10 Sep 2013

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

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