Search Results for "Single Coparcener"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "Single Coparcener"

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High Court

Bombay High Court Allows Widows' Appeal in Partition Suit — Possession Referable to Maintenance Right Confers Full Ownership Under Section 14(1) of Hindu Succession Act, 1956. The court held that a Hindu widow in possession of property in lieu of maintenance acquires absolute title under Section 14(1), even if she was not a limited owner prior to the Act.

22 Mar 2017

The case involves two second appeals arising from a partition suit concerning ancestral properties. The original plaintiffs, Kisabai (widow of Ramu) a...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholding Trial Court's Dismissal Due to Prior Partition and Wills. Properties Already Dealt With Under Prior Partition Deed (Ex.D-3) and Testamentary Succession (Ex.D-4, D-7) Leaving No Joint Family Property for Partition.

16 Feb 2021

The litigation arose out of a suit for partition filed by the appellant, Smt. Jaywanthi K. Kapadia, who is one of the legal heirs of late A. Venilal. ...

High Court

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.

7 Oct 2013

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...

High Court

High Court of Karnataka Pronounces Judgment in Regular First Appeal Against Partition Decree Pending 16 Years. Appeal Raised Issues of Daughter's Coparcenary Rights Under Section 6 of Hindu Succession Act and Validity of Gift Deeds in Violation of Court Order.

5 Apr 2023

The litigation originated from a suit for partition, separate possession, and mesne profits filed on 28 January 1995 by Shantavva, the first wife of K...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

High Court

Bombay High Court Upholds Validity of Will in Testamentary Suit and Examines Constitutional Validity of Hindu Succession Act Provisions. The Court Found the Handwritten Will Validly Executed and Considered Whether Sections 8 and 15 of the Hindu Succession Act, 1956 Discriminate on Grounds of Gender in Succession Matters.

6 Nov 2012

The judgment involved two testamentary suits before the High Court of Judicature at Bombay. In Testamentary Suit No. 48 of 2005, the plaintiff claimed...

High Court

Bombay High Court Allows Partition Appeal for Widow Under Hindu Women's Right to Property Act, 1937 — Half Share Upheld Despite Pre-1956 Death. Court holds that Section 3(2) of the 1937 Act creates a widow's interest in her husband's property, which is not extinguished by subsequent events.

10 Jul 2014

The case involves a second appeal by the legal representatives of the original plaintiff Chandrabai, who filed a suit for partition and separate posse...

High Court

High Court of Karnataka Allows Appeals in Succession Dispute Over Joint Family Property — Restrains Alienation of Agricultural Land Pending Suit. The court held that plaintiffs, as Class I heirs, had a prima facie case for partition and injunction under Order 39 Rules 1 and 2 CPC.

15 Sep 2015

The case involves a family dispute over agricultural land and other properties left by the deceased B.M. Raghothama Rao. The plaintiffs, comprising hi...

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 ...

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