Search Results for "Hindu Succession Act, 1956"

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Search Results for "Hindu Succession Act, 1956"

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Supreme Court

Supreme Court Allows Mother to Sell Minor Son's Property for Development Under Section 8 of Hindu Minority and Guardianship Act, 1956 — Benefit to Minor Must Be Demonstrated. The court held that redevelopment providing a flat and monetary consideration constitutes benefit to the minor under Section 8 of the Hindu Minority and Guardianship Act, 1956.

1 Jan 2026

The appellant, Shephali Chakraborty, as the natural guardian of her minor son Master Basab Chakraborty, sought permission from the District Judge, Dar...

High Court

Bombay High Court Allows Daughter's Claim for Partition in Gond Community Ancestral Property — Burden on Defendants to Prove Custom Excluding Female Inheritance. The court held that under Section 2(2) of the Hindu Succession Act, 1956, the Act does not apply to Scheduled Tribes, and the burden to prove a custom excluding female inheritance lies on the party asserting it, which the defendants failed to discharge.

10 Oct 2025

The appellant, Sau. Barula w/o Namdeo Kodape, filed a second appeal against the judgment and order dated 18.07.2023 passed by the learned District Jud...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Daughter's Right to 1/6th Share in Self-Acquired Property. The court held that the suit properties were self-acquired by the mother and not ancestral, and that daughters are entitled to equal share under Hindu Succession Act, 1956.

19 Feb 2024

The case involves a Regular First Appeal filed by Defendant Nos. 1 and 5, father and son, against the judgment and decree dated 18.12.2015 passed by t...

High Court

Bombay High Court Dismisses Second Appeal in Property Title Suit — Concurrent Findings of Fact Not Disturbed. Will Execution Not Proved as Attesting Witnesses Not Examined Under Section 68 of Evidence Act, 1872.

31 Jan 2020

The case involves a second appeal filed by the original plaintiffs against the judgment and decree of the lower appellate court in Regular Civil Appea...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Reverses First Appellate Court's Dismissal and Restores Trial Court's Decree for Equal Half Share. The Court held that the plaintiffs, as daughters of the deceased, are entitled to a share in the joint family property under Hindu Succession Act, 1956, and that the first appellate court erred in reversing the well-reasoned trial court judgment.

27 May 2019

The case involves a partition suit filed by the plaintiffs, who are the daughters of the deceased K.R. Basegowda, against the defendants, who are the ...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

Karnataka High Court Dismisses Second Appeal in Suit for Declaration and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Plaintiff Failed to Prove Possession and Title Over Suit Property; Courts Below Correctly Held That Plaintiff Was Not in Possession and That Defendants Were in Possession.

1 Oct 2013

The appellant, Nagarathnamma, was the plaintiff in a suit for declaration of title and permanent injunction in respect of certain immovable property. ...

High Court

Bombay High Court Dismisses Second Appeal in Hindu Succession Act Partition Case — Section 23 Restriction Not Applicable When Only One Male Heir Exists. The court held that a female heir's right to claim partition of a dwelling house is not barred by Section 23 of the Hindu Succession Act, 1956 when there is only one male heir, as the provision is intended to protect multiple male heirs from being forced out of the family dwelling.

18 Jun 2010

The appellant, Bharat Vithal Sakhare, filed a second appeal against the judgment of the Appellate Court which had allowed the partition suit filed by ...

High Court

Bombay High Court Dismisses Review Petition in Succession Dispute Between Two Wives — Second Wife's Marriage Void Due to Subsisting First Marriage Under Hindu Marriage Act, 1955. The court held that a second marriage during the subsistence of a first marriage is void ab initio, and the second wife is not a legal heir under the Hindu Succession Act, 1956.

13 Apr 2010

The case involves a dispute between two wives of Prakash Naik alias Vaingankar over his estate. Prakash married Deepa Naik on 17/03/1978, but the marr...

High Court

Bombay High Court Allows Appeal in Partition Suit — Holds That a Will Bequeathing Property to a Daughter Does Not Confer Title Unless She Is in Possession and That Adverse Possession Must Be Pleaded and Proved. The court decreed partition of ancestral property in favour of co-owners, rejecting the claim of adverse possession by the respondents.

18 Dec 2006

The case involves a dispute over partition of ancestral property. The appellants, original plaintiffs, filed a suit for partition and separate possess...

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