Search Results for "Hindu family partition"

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High Court of Karnataka Considers Challenge to Order Allowing DNA Test Under Order XXVI Rule 10A CPC in Partition Suit. Petition Raises Questions of Right to Privacy Under Article 21 and Applicability of Section 112 of the Indian Evidence Act, 1872.

The writ petition under Article 227 of the Constitution of India was filed by the third defendant in a partition suit, O.S. No. 89 of 2016, challengin...

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Bombay High Court Dismisses Second Appeals in Property Sale Dispute, Upholds Concurrent Findings of Valid Sale and Possession. Agreement for Sale and Sale Deed for Agricultural Land Upheld as Self-Acquired Property Not Subject to Coparcenary Rights.

The case involves two second appeals arising from a property dispute. The appellants, who are the wife, daughters, and son of Ramesh Krushnarao Deshmu...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

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Bombay High Court Upholds Daughter's Right to Partition in Scheduled Tribe Family Based on Custom — Custom of Succession Among Bhil Tribe Recognized as Entitling Daughter to Father's Share

The case involves a second appeal by the original defendants (Bhagga Damma Bhil and Shama Bhagga Bhil) against the judgment of the District Judge, Dhu...

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Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Sets Aside Mesne Profits Award. Co-owner in possession not liable for mesne profits without proof of ouster.

The appeal arises from a judgment and decree dated 28.02.2018 in O.S.No.65 of 2009 on the file of the Fast Track Mahila Court, Dindigul. The plaintiff...