Search Results for "prior partition"

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Search Results for "prior partition"

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High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

Supreme Court

Supreme Court Dismisses Appeal in Marumakkathayam Partition Suit — Thavazhi Property Cannot Be Alienated Without Consent. The Court affirmed that properties acquired by female descendants under Marumakkathayam law constitute thavazhi property, and any partition or alienation by some members without the consent of all is void.

22 Nov 2024

The present appeal arises from a suit for partition filed by the plaintiffs (respondents herein) against the defendants (appellants) before the Addl. ...

High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

High Court

Bombay High Court Dismisses Revision and Writ Petitions in Property Dispute, Upholding Appointment of Court Receiver. Court holds that disputes regarding title and possession cannot be decided in summary proceedings and that appointment of receiver is a discretionary remedy to preserve property.

25 Apr 2023

The judgment arises from a property dispute concerning a piece of land in Mumbai. The original plaintiff, Amedmal Bhatewada (since deceased), filed a ...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

High Court

Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

23 Dec 2016

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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

Karnataka High Court Allows Unregistered Partition Deed for Collateral Purpose in Partition Suit — Document Admissible Despite Non-Registration and Insufficient Stamp Duty. The court held that an unregistered partition deed can be admitted for collateral purpose of proving fact of partition, subject to payment of stamp duty and penalty under Section 35 of Karnataka Stamp Act, 1957.

22 Apr 2015

The case arises from a suit for partition filed by the plaintiff, Smt. Annemma, against her brothers (the defendants) in O.S.No.4/2009 before the Civi...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

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