Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

High Court of Karnataka Allows Husband's Appeal in Partition and Mandatory Injunction Suits — Property Acquired During Marriage is Joint Family Property Under Section 27 of the Family Courts Act, 1984. The court held that the wife's contributions to the household and her role as a homemaker gave her a right to claim partition and mandatory injunction.

21 Mar 2025

The appellant, Sunil Abraham, and the respondent, Reeth Abraham (also known as Reeth Devaiah), were married and later divorced. During the marriage, t...

Supreme Court

Kerala High Court Upholds Trial Court's Grant of Half Share to Sister in Property Dispute Between Siblings. Power of Attorney Revoked by Implication When Principal Joins in Sale, Rendering Subsequent Sale by Agent Void as to Principal's Share.

9 Jul 2024

The appellant, Thankamma George, and respondent No. 1, Lilly Thomas, are sisters who jointly purchased a property in 1991. The appellant, working abro...

Supreme Court

Supreme Court Allows Appeal in Property Dispute Over Coparcenary Rights and Validity of Sale Deeds. The Court held that property inherited under Mitakshara law remains coparcenary, and a coparcener by birth can challenge alienations without legal necessity.

1 Jul 2019

The present civil appeal arises from a property dispute concerning agricultural land in Village Khangarh, District Ferozepur, Punjab. The appellant, A...

Supreme Court

Supreme Court Allows Appeal by Son in Suit Over Guarantee of Bank Overdraft, Holding No Charge Created on Property under Family Deed. Deed reciting that son and his allotted property shall answer for father's guarantee debt did not evidence intention to create charge in favor of creditor bank, and bank not being party to deed could not enforce its terms under contract law.

23 Jul 1969

The case arose from a suit for recovery of an overdraft amount where the creditor bank, Kottayam Bank (later merged with State Bank of Travancore), so...

High Court

Bombay High Court Dismisses Petitioner's Challenge to Revenue Authority's Order Granting Partition/Correction of Record of Rights Under Section 85 of Maharashtra Land Revenue Code, 1966 — Civil Suit Does Not Bar Summary Revenue Proceedings.

11 Sep 2018

The petitioner, Tarachand Goel, filed a writ petition challenging an order dated 29-04-2015 passed by the Additional Commissioner, Nagpur Division, Na...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Sale Deed Held as Security Not Absolute Sale. Transaction dated 25.3.1968 was without consideration and executed as security for advance, not an absolute sale.

31 Oct 2012

The case involves a second appeal by the original plaintiff, Shripati Ramchandra Choudhari (since deceased, through his heirs), against the judgment a...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

7 Jun 2013

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

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...

High Court

Bombay High Court Allows Revision Against Order Rejecting Caveat in Probate Proceedings — Daughter of Testator Held Entitled to Lodge Caveat Under Section 283 of Indian Succession Act, 1925. The court held that a daughter, being a Class I heir under Hindu Succession Act, 1956, has sufficient interest in the estate to oppose probate.

5 May 2011

The petitioner, Gayabai Hemlal Jadhav, is the daughter of the deceased Baburao Zendu Chavan. Respondent No.1, Hiraman Rama Chavan, filed a Probate App...

Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit, Restores Trial Court's Decree for Money Recovery Instead of Specific Performance. The High Court erred in granting specific performance as the transaction was found to be a loan with collateral security under the Specific Relief Act, 1963.

13 Aug 2019

The Supreme Court allowed the appeal by the subsequent purchasers (appellants) against the High Court's decree granting specific performance of an agr...

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