Search Results for "Hindu Succession Act, 1956"

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Search Results for "Hindu Succession Act, 1956"

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High Court

High Court Dismisses Appeal in Partition Suit, Upholding Trial Court's Decree Granting Share in Joint Family Property Under Hindu Law and CPC

30 Jan 2026

The High Court dismissed an appeal filed by defendant No.4 against a trial Court decree granting the plaintiff a 1/5th share in suit item No.5 in a pa...

High Court

High Court of Judicature at Bombay Allows Second Appeal Challenging Partition Decree – Defendant No. 2 Contests Allocation of 1/4th Share in Suit Property

8 Apr 2025

The second appeal arises from a suit for partition and separate possession filed by the respondents (original plaintiffs) against the appellant (defen...

High Court

High Court of Karnataka Allows Appeal in Property Dispute Between Brothers — Sets Aside Trial Court Decree for Declaration and Possession. Suit for Declaration of Title and Possession Dismissed as Plaintiff Failed to Prove Ownership and Adverse Possession Against Co-Owner Brother.

21 Feb 2025

The appeal arises from a judgment and decree dated 07.11.2007 in O.S.No.3163/1990 passed by the XV Addl. City Civil and Sessions Judge, Bangalore, dec...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit Based on Hindu Widow's Remarriage Act, 1856 — Uterine Brother Cannot Claim Share Through Mother Who Remarried. Section 2 of the Hindu Widow's Remarriage Act, 1856 divests a widow of all rights in her deceased husband's property upon remarriage, and a child born from the second marriage cannot claim inheritance through the mother from the first husband's estate.

9 Apr 2024

The present appeal arises out of a suit for partition instituted by Thiyyer Kunnath Meethal Chandu (Chandu) claiming 8/20 shares in a suit property si...

High Court

Bombay High Court Allows Appeal in Partition Suit — Finds Trial Court Erred in Holding Suit Not Maintainable Due to Prior Family Arrangement. The Court held that a family arrangement need not be in writing and can be inferred from conduct, but the trial court failed to consider evidence and misapplied Order 23 Rule 3 CPC.

25 Feb 2020

The appellants (original defendants) filed a First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree d...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

High Court

Bombay High Court Allows Rejection of Plaint in Partition Suit — Suit Barred by Limitation and Res Judicata. Order VII Rule 11(d) CPC applied as plaint disclosed no cause of action and was barred by limitation under Article 65 of Limitation Act, 1963.

15 Jan 2018

The petitioners, original defendants in a civil suit, filed a writ petition under Article 227 of the Constitution challenging an order dated 28.11.201...

High Court

Bombay High Court Upholds Denial of Legal Heirship Certificate to Second Wife in Pension Dispute Under Maharashtra Civil Services (Pension) Rules, 1982. Court Interprets Rule 116(6)(a)(i) in Consonance with Hindu Personal Law, Refusing to Recognize Void Marriage for Pension Purposes.

10 Aug 2017

The dispute arose from an application for a legal heirship certificate under the Bombay Regulation VIII of 1827 filed by the first wife and her childr...

High Court

Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

21 Jul 2017

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

21 Oct 2011

The case involves a second appeal filed by the original defendants (appellants) against the judgment and decree of the District Judge, Satara, which c...

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