Search Results for "sole surviving coparcener"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "sole surviving coparcener"

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High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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

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

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Allows Appeal in Adoption and Hindu Women's Property Rights Case — Widow's Adoption in 1953 Does Not Extinguish Her Limited Estate Under Hindu Women's Rights to Property Act, 1937. The court held that the widow's adoption of a son does not divest her of the limited estate she inherited from her husband under the 1937 Act, and the adopted son does not acquire any right to the property during her lifetime.

19 Oct 2018

The case involves a second appeal before the Bombay High Court concerning the effect of adoption by a widow in 1953 on her rights under the Hindu Wome...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Sale by Brother for Legal Necessity Upheld. Daughters' Claim for Partition Dismissed as Sale Deed Dated 28.3.1968 Was Supported by Legal Necessity and Prior Conditional Sale.

10 Sep 2013

The case involves a partition suit filed by two daughters (plaintiffs) against their brother Tukaram and the appellant (defendant no.1), who purchased...

High Court

Regular First Appeal Against Common Judgment Decreeping Suit for Perpetual Injunction and Dismissing Suit for Declaration That Sale Deeds Are Not Binding on Co-Parceners. Dispute Centered on Whether Property Was Joint Family Asset or Self-Acquired and Validity of Sale Deeds Executed by Karta or Power of Attorney Holder.

27 Jan 2020

The appeals arose from two suits tried together. One suit (O.S.No.1611/1994) was filed by the plaintiffs, claiming to be co-parceners of an undivided ...

High Court

High Court of Karnataka Dharwad Bench Examines Appeal and Cross-Objection Against Partial Decree in Suit for Declaration and Injunction Involving Adoption and Revenue Entries. The court considered the maintainability of the appeal under Section 96 of the Code of Civil Procedure, 1908, in light of the alternative remedy of revision under Section 136 of the Karnataka Land Revenue Act, 1964.

1 Aug 2017

The suit O.S. No.57/2010 was filed by the plaintiff (appellant in RFA No.4174/2012) before the Principal Senior Civil Judge, Bagalkot, seeking declara...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

13 Dec 2024

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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