Search Results for "co-parceners"

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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...
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Search Results for "co-parceners"

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Supreme Court

Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

30 Jun 2021

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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 Sets Aside Order Dismissing Compromise Petition in Civil Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. The court held that a compromise petition should be liberally construed and the trial court's failure to examine the genuineness of the compromise warranted interference under Article 227.

8 Jul 2019

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

High Court

High Court of Karnataka Sets Aside Order Dismissing Compromise Petition in Partition Suit — Emphasizes Liberal Approach to Compromise Under Order XXIII Rule 3 CPC. Trial Court Failed to Examine Genuineness of Compromise and Consent of Parties, Leading to Remand for Fresh Consideration.

8 Jul 2019

The petitioner, Shri K M Manjunath, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 05.01.2016 passed...

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

Karnataka High Court Dismisses Second Appeals in Partition Suit; Upholds Concurrent Findings That Properties Are Joint Family and Partition Deed Not Binding. Defendants Failed to Prove Self-Acquired Nature of Lands, and Partition Deed Invalid as Mother's Consent Not Obtained for Minors' Shares.

15 Nov 2016

The dispute arose from a suit for partition filed by the widow and children of late Praveen Deshpande against his parents and brothers seeking one-six...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

High Court

High Court of Karnataka Hears First Appeals Against Dismissal of Partition Suit. Multiple Appellants Challenge Judgment in O.S. No. 1949/1980 Dismissing Suit for Partition and Separate Possession.

1 Mar 2013

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High Court

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.

6 Sep 2011

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...

Supreme Court

Supreme Court Upholds Suit Maintainability in Land Declaration Dispute After Finding Notice Under Section 80 CPC by Karta Sufficient for Divided Coparceners. Karta’s Notice Given While Family Joint Held to Enure for Benefit of All Coparceners Despite Subsequent Partition, as Substantial Identity Existed Between Notice-Giver and Plaintiffs under Section 80 of Code of Civil Procedure, 1908.

11 Mar 1969

The dispute arose from a declaratory suit filed by Beohar Rajendra Sinha and his three grandsons against the State of Madhya Pradesh seeking a declara...

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