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High Court of Karnataka Allows Appeal in Insurance Nomination Dispute — Mother of Deceased Policyholder Entitled to Insurance Proceeds as Nominee Under Section 39 of Insurance Act, 1938. Nominee is a Trustee, Not Beneficial Owner; Suit for Declaration and Injunction by Legal Heirs Not Maintainable.

The appellant, Smt. Yashodha, is the mother and nominee of the deceased policyholder, Sri Rohith S, who died intestate. The respondents, Smt. Rashmi J...

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High Court of Karnataka, Dharwad Bench Adjudicates Regular First Appeal and Cross Objection Against Trial Court's Partial Decree in Suit for Declaration and Injunction. Court Addresses Maintainability, Adoption Validity, and Ancestral Property Claims.

The Regular First Appeal and Cross Objection arose from a judgment and decree of the Principal Senior Civil Judge, Bagalkot, in O.S. No.57/2010, a sui...

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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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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Concurrent Findings of Courts Below. Plaintiff failed to prove joint family property and possession within limitation under Hindu Succession Act, 1956.

The case involves a second appeal filed by the plaintiffs, who were the widow and daughters of Daulatram, against the dismissal of their suit for part...

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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.

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...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Lower Courts. Family Arrangement and Benami Transaction Allegations Rejected as Property Purchased by Deceased from Own Earnings and Joint Family Income.

The case involves a partition suit filed by the wife and children of the deceased Macchhindra against his brothers (appellants). The plaintiffs sought...