Search Results for "Notional Partition"

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High Court

Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

14 Jul 2026

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

High Court of Karnataka at Kalaburagi Adjudicates Regular First Appeals Against Partition Decree. Trial Court Had Decreed Suit for Partition and Separate Possession, and Appeals Under Section 96 of Code of Civil Procedure, 1908 Challenge That Decree.

22 Dec 2022

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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...

Supreme Court

Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

15 Jan 2020

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

Supreme Court

Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

22 Nov 2019

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

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.

30 Jul 2018

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...

High Court

Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

9 Aug 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

High Court

Bombay High Court Dismisses Application for Withdrawal of Suit by Legal Representatives in Property Dispute — Held That Executors of Deceased Plaintiff's Will Are Necessary Parties and Suit Cannot Be Withdrawn Without Their Consent

30 Nov -0001

The case involves a Notice of Motion filed by H.H. Jyotiraditya Madhavrao Scindia and Smt. Madhavi Raje Madhavrao Scindia, who are legal representativ...

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