Search Results for "Ancestral property"

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Madras High Court Dismisses Second Appeal in Partition Suit — Settlement Deed by Father Not Invalid as Properties Were Self-Acquired, Not Ancestral. Plaintiff Failed to Prove Ancestral Nature of Suit Properties Under Hindu Succession Act, 1956.

The appellant/plaintiff filed a suit for partition and permanent injunction claiming that the suit properties were ancestral properties of Arunachala ...

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Karnataka High Court Allows Second Appeal in Property Dispute, Restores Trial Court Decree for Declaration and Injunction. First Appellate Court's Reversal Set Aside for Ignoring Documentary Evidence and Failing to Frame Proper Points for Determination Under Order 41 Rule 31 CPC.

The appellant, Kum. Harshada S., filed a second appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree da...

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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.

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...

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Bombay High Court Dismisses Suit by Minor Children Seeking to Set Aside Family Settlement — Memorandum of Family Settlement Held Binding as a Family Arrangement Under Contract Act and Specific Relief Act

The plaintiffs, four children of Madhupati and Anuradha Singhania (Defendants 1 and 2), filed a suit seeking cancellation of a Memorandum of Family Se...

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Bombay High Court Upholds Injunction in Partition Suit by Daughter's Son Claiming Share in Ancestral Property. Court holds that a daughter's son has a right to claim share in ancestral property and that the trial court's injunction was justified to protect the suit property pending final adjudication.

The case involves a partition suit filed by Chandrakant Gopal Desale, the son of Muktabai, who was the daughter of Sakharam. Sakharam had three childr...

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Bombay High Court Allows Second Appeal in Property Dispute — Restores Trial Court's Decree of Declaration of Ownership and Injunction. First Appellate Court's Reversal Set Aside for Improper Appreciation of Evidence Under Section 100 of Code of Civil Procedure, 1908.

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the first appellate court, which re...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. No substantial question of law arises under Section 100 CPC as findings are based on evidence and not perverse.

The judgment involves four second appeals arising from a property dispute between Arun s/o Narayanrao Kale (original plaintiff) and the legal represen...