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Bombay High Court Quashes FIR in Step-Mother's Complaint of Criminal Breach of Trust and Cheating Against Step-Son — Holds Nominee Designation Does Not Confer Beneficial Ownership, But Dispute is Purely Civil in Nature

The petitioner, Mukund Ashok Cairae, filed a writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Proc...

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Karnataka High Court Adjudicates Regular Second Appeals Involving Dispute Over Joint Family Property, Adoption, and Will. The LRs of Second Wife Challenge Decrees Dismissing Her Claim of Sole Ownership and Upholding Adoption of Shettygowda under Hindu Law.

The judgment concerns three Regular Second Appeals (RSA) filed under Section 100 of the Code of Civil Procedure, 1908, arising from decrees in three o...

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High Court of Karnataka Dismisses Regular Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. Suit for Partition and Separate Possession Dismissed as Plaintiff Failed to Prove Joint Family Property and His Possession.

The appellant, Champa Poojari, filed a Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC), challenging the judgment an...

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High Court of Karnataka Hears Regular Second Appeal Regarding Validity of Will and Alternative Succession Claim; First Appellate Court Omitted Consideration of Alternative Prayer of Inheritance as Brother, Raising Substantial Question of Law Under Section 100 CPC

The dispute centered on agricultural land originally owned by Kalakavva, who died in 1989. The plaintiff claimed as legatee under a registered Will da...

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High Court of Karnataka Dismisses Appeal in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. Will dated 27-05-1985 held not binding on plaintiff as it was not proved to be the last will of the testator.

The present appeal arises from a judgment and decree dated 06-12-2013 passed by the XXVIII Additional City Civil Judge at Mayo Hall Unit, Bangalore, i...

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High Court of Karnataka Partly Allows Partition Appeal in Family Property Dispute — Modifies Trial Court's Decree on Self-Acquired Properties. The court upheld the trial court's finding on joint family property but excluded certain items from partition due to lack of evidence of jointness.

The case involves a partition suit filed by the respondents (daughters and widow) against the appellants (sons) for partition of suit schedule propert...

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Bombay High Court Allows Marking of Will in Testamentary Suit Despite Disputed Execution. Court holds that attesting witness's affidavit and oral evidence sufficiently prove due execution under Section 63 of the Indian Succession Act, 1925.

The matter pertains to Testamentary Suit No. 46 of 1997 arising out of Testamentary Petition No. 308 of 1997 concerning the estate of Raju Muthaya She...

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Bombay High Court Dismisses Appeal Against Grant of Letters of Administration — Will Proved by Attesting Witness Under Section 63 of Indian Succession Act, 1925 and Section 68 of Indian Evidence Act, 1872. The Court Held That the Propounder Removed All Suspicious Circumstances and the Will Was Genuine.

The appeal arose from a judgment of a single judge granting Letters of Administration to the respondent, Rakesh Phoolchand Jain, in respect of the las...

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Bombay High Court Considers Originating Summons Regarding Interpretation of Will and Executor’s Discretion. Questions Raised Include Validity of Purchase of Bungalow Instead of Flat and Nature of Bequeath to Plaintiff and Granddaughter Under Clauses 15, 6, 7, etc.

The present originating summons arose from disputes concerning the last will and testament of Mrs. Pillo M. Ghaswala, who died on 7 October 1989. The ...