Search Results for "undivided coparcenary interest"

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

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High Court Considers Appeals Against Temporary Injunction in Partition Suit Involving Joint Family Property. Trial Court Restrained Creation of Third-Party Rights and Change of Nature of Suit Property Pending Suit.

The appeals before the High Court of Judicature at Bombay arose from an order dated 4 February 2022 passed by the 3rd Joint Civil Judge Senior Divisio...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Supreme Court Dismisses Appeal in Hindu Succession Case — Upholds Validity of Will Bequeathing Coparcenary Interest. Testator's undivided share in Mitakshara joint family property validly disposed by Will under Section 30 of Hindu Succession Act, 1956.

The appeal arose from a judgment of the Karnataka High Court dismissing RFA No. 347/1998, which affirmed the trial court's decree but reversed the fin...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...

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High Court of Bombay Hears Interim Application in Partition Suit Over Alleged HUF Properties. Plaintiff Seeks Injunction and Appointment of Court Receiver Pending Suit, Claiming Undivided Share Despite 2001 Affidavit Acknowledging Properties as Self-Acquired.

The present order arises from an Interim Application filed by the plaintiff, Variinder @ Rajan, in Suit No. 343 of 2022 before the High Court of Bomba...