Search Results for "sham partition"

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Search Results for "sham partition"

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High Court

Madras High Court Allows Second Appeal in Partition Suit — Daughter's Claim for Share in Ancestral Property Dismissed Due to Prior Alienation and Lack of Proof of Joint Family Property. The court held that the plaintiff failed to prove the suit property was ancestral or joint family property, and the alienation by the father to a bona fide purchaser for discharging family debts was valid.

6 Jan 2025

The case involves a second appeal filed by defendants 1 and 4 against the judgment of the First Appellate Court which reversed the Trial Court's dismi...

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

Madras High Court Pronounces Judgment in Appeal by 9th Defendant Against Decree in Partition and Declaration Suit — Validity of Sale Deeds Executed Without Consent of Co-sharer Questioned

29 Jul 2026

The appeal was filed under Section 96 of the Code of Civil Procedure, 1908 by the 9th defendant against the judgment and decree dated 06.03.2020 in O....

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was maintainable and that the plaintiffs had established their share in the joint family property.

30 Sep 2015

The case involves a partition suit filed by the appellants (plaintiffs) against the respondents (defendants) seeking partition and separate possession...

High Court

Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

4 Oct 2025

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

High Court

High Court of Karnataka Hears Multiple Regular First Appeals Against Dismissal of Partition Suit in O.S. No. 1949/80. Appeals Filed Under Section 96 of Code of Civil Procedure, 1908, Challenging Trial Court's Rejection of Claim for Partition and Separate Possession.

1 Mar 2013

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High Court

High Court of Karnataka Allows Appeal in Partition Suit — Rejects Plaint Rejection Under Order VII Rule 11 CPC. Suit for Partition and Separate Possession of Joint Family Property Not Barred by Limitation as Perpetual Right to Seek Partition Recognized Under Hindu Law.

22 Apr 2026

The present Regular First Appeal was filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging the judgment and decree dated 24.02...

High Court

High Court of Judicature at Madras Hears Appeal Suit Challenging Partition Decree. Trial Court Ordered Partition of Suit Properties into 25 Equal Shares with 19/25 Share to Plaintiffs.

17 Jul 2026

The appeal arises from the decree of the Additional District Judge, Chengalpattu, in O.S.No.243 of 2005, whereby the trial court ordered partition of ...

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