Search Results for "Hindu Minority and Guardianship Act 1956"

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Concurrent Findings of Fact Not Interfered With. Agreement to Sell by Minor's Guardian Without Court Permission Under Section 8 of Hindu Minority and Guardianship Act, 1956.

The appellant, Kasturbai Himmat Patil, filed a suit for specific performance of contract against the original defendant Lilabai Patil, alleging that L...

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Bombay High Court Allows Habeas Corpus Petition for Custody of Minor Children from Father. Court holds that father's custody of children aged 3 years and 1.5 years is illegal and directs production and custody to mother, considering welfare of minor children as paramount.

The petitioner, Shubhangi w/o Ganesh Yadav, filed a criminal writ petition under Article 226 of the Constitution of India before the Bombay High Court...

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Bombay High Court Directs Medical Examination of Dementia Patient in Guardianship Petition Under Parens Patriae Jurisdiction. Son and Daughter Seek Guardian Appointment for Mother; Article 226 Petition Invoked to Protect Vulnerable Person.

This matter involved a petition filed under Article 226 of the Constitution of India invoking the doctrine of parens patriae by petitioners, who are t...

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Bombay High Court Examines Specific Performance Decree Against Minor Legal Heirs in Second Appeal. Court Finds Section 8(2) of Hindu Minority and Guardianship Act, 1956 Mandatory Before Decree Can Affect Minor's Share in Self-Acquired Property.

The Second Appeal arose from a suit for specific performance and possession of an agricultural land (converted to non-agricultural) bearing Survey No....

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Bombay High Court Dismisses Husband's Appeal in Child Custody Case — Welfare of Minor Children Paramount. Mother Granted Custody of Two Minor Children Under Section 8 of Guardians and Wards Act, 1890, as Father Forcibly Took Them from Her Custody.

The appellant husband challenged the order of the District Judge-1, Omerga, which granted custody of his two minor children to the respondent wife und...

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Supreme Court Allows Appeal in Property Dispute Over Limitation for Voidable Alienations by Guardian. Suit for Declaration and Possession Without Seeking Setting Aside of Sale Deeds Held Maintainable Under Article 65 of Limitation Act, 1963.

The case involves a property dispute arising from a Will executed by Petha Gounder on 17.05.1971, bequeathing a life interest to his sons Kannan and B...