Search Results for "registered partition deed"

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Search Results for "registered partition deed"

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High Court

High Court of Bombay at Goa Admits Appeal and Reserves Judgment in Family Settlement Dispute. The Court Heard Arguments on Validity of Deed of Family Settlement Under Article 2042 of Family Laws, Estoppel, and Delay, but Final Verdict Not Extracted.

17 Feb 2017

The case involved an appeal from order filed by the original defendants no.2 and 3 challenging the order dated 3.6.2016 passed by the Ad-hoc Senior Ci...

High Court

High Court of Karnataka Dismisses Appeals in Property Declaration Suits — Concurrent Findings of Fact Not Interfered With. Appellants failed to prove title and possession; no substantial question of law arose under Section 100 CPC.

20 Dec 2019

The judgment pertains to two Regular First Appeals (R.F.A.No.784/2013 and R.F.A.No.785/2013) filed under Section 96 read with Order 41 Rule 1 of the C...

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...

Supreme Court

Supreme Court Reviews Remand of Property Item in Partition Suit Under Limitation Act and CPC. Court References Precedents Requiring First Appellate Court to Decide on Available Material Rather Than Remand Under Order 41 Rule 23 CPC.

1 Jan 1970

Background: The dispute arose from a suit for partition and declaration concerning ancestral properties of a Hindu Undivided Family. The Appellant, Sh...

High Court

Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

16 Dec 2013

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute Over Sham Sale Deed — Suit for Declaration Without Seeking Cancellation of Sale Deed Held Maintainable Under Section 31 of Specific Relief Act, 1963. The Court held that a suit for declaration that a sale deed is sham and nominal does not require cancellation under Section 31 of the Specific Relief Act, 1963, as the plaintiff only seeks to declare the true nature of the document.

8 Feb 2011

The appellant-defendant challenged the concurrent findings of the trial court and first appellate court in a suit filed by the respondent-plaintiff. T...

High Court

Madras High Court Allows Second Appeal in Recovery of Possession Case — Sale Deed Valid Despite Non-Execution of Rental Agreement. Plaintiff's title established through registered sale deed and possession handed over; defendant's denial of tenancy does not negate ownership.

29 Jan 2025

The plaintiff (since deceased, represented by legal heirs) filed a suit for recovery of possession and arrears of rent against the defendant. The plai...

High Court

High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

4 Apr 2017

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

High Court

Bombay High Court Allows Partition Suit in Joint Hindu Family Property Dispute — Upholds Trial Court and First Appellate Court Decrees. The court held that the plaintiff proved the existence of joint family business and properties, and the suit was not barred by limitation or res judicata.

3 May 2016

The case involves a dispute over partition of Joint Hindu Family properties. The plaintiff, Premsukh, filed a suit for partition and separate possessi...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Sale Deed Validity — Restores Trial Court Decree Based on Benami Transaction and Adverse Possession Findings. The Court held that the sale deed executed by defendant no. 3 in favour of defendant no. 1 was benami and void under Section 4(1) of the Benami Transactions (Prohibition) Act, 1988, and that the defendants failed to prove adverse possession.

1 Jan 2026

The present appeal arises from a property dispute between the appellants (original defendants) and the respondents (original plaintiffs) concerning 13...

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