Search Results for "Joint Hindu family business"

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Supreme Court Allows Appeal in Possession Suit, Restores Concurrent Findings of Trial and First Appellate Court. High Court's Reversal Set Aside for Reappreciating Evidence Beyond Second Appeal Scope Under Section 100 CPC.

The case involves a dispute over possession of agricultural land. The plaintiff, Rajendra Kumar Gupta, filed a suit for recovery of possession based o...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Affirms Joint Family Business Finding. Non-inclusion of all joint family properties does not bar partition when plaintiff seeks only specific property.

The case involves a partition suit filed by Vitthalrao Marotirao Navkhare (original plaintiff) against his brother Laxmanrao's family (appellants) and...

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Bombay High Court Grants Injunction Against Alienation of Property in Will Dispute Between Son and Father. Son, as sole beneficiary under mother's will, entitled to interim protection of estate pending administration.

The plaintiff, Uday Narendra Shah, filed a suit seeking administration of the estate of his deceased mother, Jayamati Narendra Shah, who died on 10 Ju...

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Bombay High Court Dismisses Appeal in Partition Suit, Upholds Single Judge's Refusal of Interim Relief. Court holds that property acquired by siblings after father's insolvency cannot be presumed to be joint family property without evidence of joint funds or common business.

The appeal arose from a judgment of a learned Single Judge dated 27 August 2013 dismissing a motion for interim relief in a suit for partition. The ap...

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Bombay High Court Dismisses Second Appeal in Joint Family Property Dispute — Sale by Coparcener Without Consent Invalid. Property Purchased from Joint Family Funds is Presumed to be Joint Family Property Under Hindu Law.

The case involves a dispute over a house property in Warora, Chandrapur. The plaintiffs, Gayabai (mother) and Bapurao (son), along with defendant no.2...

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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...