Search Results for "Hindu family partition"

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Bombay High Court Considers Writ Petitions Challenging Family Court’s Refusal to Appoint Commissioner for Partition of Matrimonial Property and Denial of Injunction Against Husband’s Entry. Issues Involve Interpretation of Joint Ownership and Rights Under Hindu Marriage Act, 1955.

The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. Th...

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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.

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

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Madras High Court Allows Second Appeal in Partition Suit — Settlement Deed by Mother Without Legal Necessity Not Binding on Joint Family Property. Property Purchased by Father in Mother's Name Presumed to be Joint Family Property Under Hindu Law.

The plaintiffs, legal heirs of M.Annaiah, filed a suit for partition of three items of property and for declaration that a Settlement Deed dated 28.04...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Reverses Trial Court's Dismissal of Suit for Partition and Separate Possession. Court Holds That Plaintiff Proved Joint Family Status and Entitlement to Share in Suit Properties, Directs Preliminary Decree for Partition.

The appellant, Sri. Chandrashekar S/o Channabasanagouda Harti, filed a suit for partition and separate possession of suit schedule properties against ...

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Karnataka High Court Dismisses Appeal in Partition Suit Involving Tenancy Rights of Joint Hindu Family. Court Holds That Tenancy Rights Are Not Joint Family Property and Cannot Be Partitioned Under Hindu Law.

The case involves a second appeal under Section 100 of the Code of Civil Procedure, 1908, filed by the defendant against the judgment and decree of th...

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Bombay High Court Dismisses Notice of Motion for Interim Relief in Specific Performance Suit Due to Non-Compliance with Order XXXIX Rule 3 CPC. Plaintiffs Failed to Make Out Prima Facie Case for Appointment of Receiver or Injunction.

The plaintiffs, M/s. Pride Associates and others, filed a suit for specific performance of an Agreement for Sale dated 4th June 2005 for a property in...

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Bombay High Court Allows Second Appeal in Partition Suit, Remands Case for Fresh Consideration on Issue of Limitation and Adverse Possession. The court held that the suit for partition is governed by Article 110 of the Limitation Act, 1963, and the defendants failed to prove adverse possession.

The case involves a partition suit filed by Pandurang Sitaram Pande (original plaintiff) against his brothers and other family members for a 1/5th sha...

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High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Suit for Declaration and Injunction Dismissed as Plaintiff Failed to Prove Title and Possession.

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) was filed by the appellants (legal representatives of t...