Search Results for "Coparcenary Rights"

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Search Results for "Coparcenary Rights"

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High Court

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.

26 Oct 2023

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...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Holds Daughters Entitled to Equal Share in Coparcenary Property Under Section 6 of Hindu Succession Act, 1956 as Amended in 2005. The court set aside the appellate court's judgment and remanded for fresh computation of shares, holding that the 2005 amendment is retrospective and daughters have equal rights in coparcenary property.

9 Apr 2014

The case involves a second appeal by the plaintiffs (sisters) against the judgment of the Principal District Judge, Gadchiroli, in Regular Civil Appea...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Between Step-Mother and Daughters — Upholds Sale by Karta for Legal Necessity. The Court held that a widow managing the joint family property as karta can alienate property for legal necessity, such as marriage expenses of a daughter, and such sale is binding on other coparceners.

1 Jan 2026

The dispute originated from a suit for partition and separate possession filed by four plaintiffs, who were daughters of late Dajiba, against the defe...

High Court

Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

7 Jul 2021

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

High Court

Karnataka High Court Allows Widow's Partition Suit in Hindu Joint Family Property — Widow Entitled to 1/4th Share of Deceased Husband's Coparcenary Interest. The court affirmed that under Section 6 of the Hindu Succession Act, 1956, a widow inherits the share of her deceased husband as if a notional partition had occurred immediately before his death, and the correct share is 1/4th.

25 Jun 2013

The plaintiff, Smt. K.B.Dhanalakshmi, filed a suit for partition and separate possession of a 1/4th share in the suit schedule properties, claiming to...

High Court

High Court of Karnataka Allows Partition Suit by Widow in Hindu Joint Family Property — Widow Entitled to Share of Deceased Husband's Interest in Ancestral Property Under Hindu Succession Act, 1956. The court confirmed the concurrent findings of the lower courts granting the plaintiff a 1/4th share in the ancestral properties, holding that the widow succeeds to her husband's share as a Class I heir.

25 Jun 2013

The plaintiff, Smt. K.B. Dhanalakshmi, filed a suit for partition and separate possession of a 1/4th share in the suit schedule properties, claiming t...

High Court

Bombay High Court Allows Daughter's Appeal in Partition Suit — Daughter Entitled to Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956 as Amended. The court held that the daughter, as a coparcener by birth, has a right to claim a share in ancestral property, and the appellate court's denial was erroneous.

28 Jun 2018

The appellant, Shobha Purushottam Zilpe, the original plaintiff, is the daughter of Dadaji and sister of defendant No.1. She filed a suit for partitio...

High Court

High Court of Bombay Examines Whether Amended Section 6 of Hindu Succession Act, 1956 Operates Retrospectively. The Correctness of the Division Bench Decision in Vaishali Satish Ganorkar Holding Prospective Operation is Challenged, with Parties Citing Supreme Court Precedents.

9 Jun 2014

This matter comprises a batch of second appeals before the Bombay High Court, Civil Appellate Jurisdiction, presided over by Justice R.G. Ketkar. The ...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

18 Dec 2013

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...

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