Search Results for "Partition deed"

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Search Results for "Partition deed"

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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 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

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...

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...

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

High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

25 Jul 2025

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

High Court

Madras High Court Directs Removal of Encumbrance Entry Regarding Pending Proceedings Under Section 47A of Indian Stamp Act in Partition Deed Case. Court Holds That Section 47A Does Not Apply to Partition Deeds Not Involving Conveyance, and Recovery Under Section 33A Is Time-Barred, Thus Entry Must Be Cancelled.

6 Feb 2025

The petitioners, Dr. K. Mani and Dr. K. Dhanabackiam, were co-owners who, along with others, executed a partition deed dated 22.12.2006 registered as ...

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 Dismisses Writ Petition Challenging Trial Court Order Refusing to Reopen Evidence in Partition Suit. Court holds that Order 18 Rule 17 CPC cannot be used to fill gaps in evidence or to re-examine witnesses on matters already covered, and that the trial court's discretion in refusing to reopen evidence was not perverse or arbitrary.

19 Nov 2015

The petitioners, who are plaintiffs in a partition suit (O.S. No. 100/2007) pending before the Principal Civil Judge, Bangalore Rural District, filed ...

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