Search Results for "daughter's coparcenary right"

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Search Results for "daughter's coparcenary right"

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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

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Partition Suit. Court Holds That Plaint Cannot Be Rejected Under Order VII Rule 11 CPC When Averments Disclose a Cause of Action, Even If Ancestral Character of Property Is Disputed.

27 Feb 2025

The case involves a civil revision application filed by Mohan Hirachand Shah (defendant no.1) against an order of the Civil Judge, Senior Division, Al...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

High Court

Bombay High Court Dismisses Daughter's Claim for Inheritance in Father's Property Dying Prior to 1956 Leaving Widow — Daughter Has No Right Under Hindu Women's Right to Property Act, 1937. The court held that under the Act of 1937, the widow alone inherits the separate property of her husband to the exclusion of the daughter, and the daughter cannot claim any right by inheritance when the father died before the Hindu Succession Act, 1956.

12 Nov 2024

The judgment concerns three second appeals referred to a Division Bench of the Bombay High Court to answer a substantial question of law regarding a d...

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

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 Second Appeal in Partition Suit — Purchasers' Rights Not Affected by Prior Decree. The court held that a consent decree in a previous suit does not bind purchasers who were not parties to that suit, and the suit for partition was maintainable as the property was joint family property.

1 Feb 2022

The case involves a second appeal filed by defendants 4 and 5, who were purchasers of the property, against the judgment and decree in R.A. No. 04/201...

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

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

5 May 2014

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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