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High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

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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.

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...

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Bombay High Court Dismisses Revocation Petition in Probate Case — Sisters of Predeceased Wife Not Heirs of Testator Under Indian Succession Act. Court holds that only kindred of the deceased, not kindred of the predeceased spouse, are entitled to citation in probate proceedings.

The case concerns a revocation petition filed by Angelina Pascoal Mendes and Philomena Pascoal Mendes (petitioners) seeking to revoke the grant of pro...

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High Court of Karnataka Allows Daughters' Partition Suit Against Alienation by Father — Sale Deed Set Aside as Not Binding on Coparcenary. Daughters are coparceners by birth under Section 6 of Hindu Succession Act, 1956, and alienation without legal necessity is invalid.

The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration t...

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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.

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

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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.

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...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...