Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

23 Dec 2016

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

High Court

Karnataka High Court Allows Unregistered Partition Deed for Collateral Purpose in Partition Suit — Document Admissible Despite Non-Registration and Insufficient Stamp Duty. The court held that an unregistered partition deed can be admitted for collateral purpose of proving fact of partition, subject to payment of stamp duty and penalty under Section 35 of Karnataka Stamp Act, 1957.

22 Apr 2015

The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civi...

High Court

Bombay High Court Considers Appeal Against Trial Court's Refusal to Cancel a Conveyance Deed in a Trust Property Dispute. The Appeal Challenges the Declaration that the Ante-dated Deed Is Inoperative Only to the Extent It Affects Trust Rights, Rather than Cancelling It Entirely.

29 Jun 2005

The dispute centered on a trust property created by a deed of settlement dated 17 March 1951, with the plaintiff Bomi Munchershaw Mistry as a benefici...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Between Maternal Uncle and Nephew — Partition Deed Upheld as Valid Under Hindu Law. The court held that a registered partition deed executed in 1952 between two brothers was valid and that the mother of the defendant had only a limited right of maintenance under the Hindu Women's Rights to Property Act, 1937, which did not affect the partition.

9 Jun 2011

The case involves a property dispute between a maternal uncle (plaintiff) and his nephew (defendant) over a residential house. The plaintiff's father ...

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

Madras High Court Partly Allows Partition Appeal by Widow and Daughter, Upholds 1/4th Share in Ancestral Property but Denies Share in Settled Properties. Court holds that properties settled by grandmother on specific donees are not part of the coparcenary and cannot be claimed by legal heirs of deceased son.

8 Jun 2026

The plaintiffs, Vijaya (wife) and Harini Priya (daughter) of deceased Deivasigamani, filed a suit for partition claiming 1/4th share in 'A' schedule p...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholds Invalidity of Sale by Co-owner Without Proof of Partition. Co-owner's Sale of Undivided Share Without Consent of Other Co-owners Held Invalid as No Prior Partition Was Established.

22 Apr 2010

The case involves a second appeal by original defendants nos.1-3 against a decree for declaration and injunction passed by the lower appellate court. ...

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

Bombay High Court Quashes Trial Court Order Impounding Unregistered Partition Deed — Registration Not Mandatory for Partition of Joint Hindu Family Property Under Article 46 of Maharashtra Stamp Act, 1958. The court held that the trial court erred in mixing issues of registration and stamping, and that the partition deed was not a release deed.

25 Oct 2024

The petitioner, Balaso Bhimgonda Patil, challenged an order of the trial court in Regular Civil Suit No.105 of 2014 pending before the Civil Judge Sen...

High Court

High Court of Bombay at Goa Dismisses Second Appeal by Defendants in Partition Suit; Oral Partition of Immovable Property Not Permissible Under Section 2184 of Portuguese Civil Code. The court held that Section 2184 of the Portuguese Civil Code, requiring partition of immovables by written document, remains in force in Goa and is not repealed by the Transfer of Property Act, 1954.

11 Aug 2017

The dispute arose from a suit for partition filed by the respondents (original plaintiffs) against the appellants (original defendants). The 1st plain...

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