Search Results for "Oral partition"

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Search Results for "Oral partition"

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High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Daughter Entitled to Equal Share in Joint Family Property. Daughter's right to partition of ancestral property upheld under Section 6 of Hindu Succession Act, 1956, as amended in 2005, despite father's death during pendency of suit.

16 Jun 2026

The appellant, Smt. Usha N Swamy, filed a Regular First Appeal under Section 96 read with Order XLI Rule 1 of the Code of Civil Procedure, 1908, again...

High Court

Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findings of Fact Upheld. The court held that the appellants failed to prove adverse possession and the suit for partition was within limitation under Article 65 of the Limitation Act, 1963.

16 Jun 2026

The case pertains to a second appeal filed by the defendants against the concurrent decrees of the trial court and the first appellate court in a suit...

High Court

Madras High Court Upholds Easement of Necessity Over Cart Track in Partition Dispute Between Brothers. Plaintiff Granted Declaration and Mandatory Injunction for Access to Landlocked Property Under Section 13 of Indian Easements Act, 1882.

10 Apr 2026

The case involves two appeals arising from a suit between two brothers, T.M. Thiruvenkatasamy (defendant) and M.Sundararajan (plaintiff), concerning f...

High Court

High Court of Karnataka Dismisses Regular Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court upholds trial and appellate court decrees dismissing suit for declaration and injunction, finding no substantial question of law.

18 Dec 2025

The present Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) arises from a suit for declaration and injunction filed...

Supreme Court

Supreme Court Partly Allows Appeal in Partition Suit — Upholds High Court's Decree for 5/9th Share but Sets Aside Sale to Third Party. Defendant No. 7's Sale of Joint Family Property to Defendant No. 9 Held Void as Purchaser Had Notice of Pending Suit.

2 Mar 2024

The case pertains to a partition suit filed by Kumar Vamanrao alias Alok, Kumar Vyas alias Prateek, and Aruna (plaintiffs) against Sudheendra (defenda...

Supreme Court

Supreme Court Allows Civil Appeal in Family Settlement Admissibility Case - Unregistered Kharurunama and Receipt Admissible as Corroborative Evidence. The Court held that if a family settlement document merely records a pre-existing oral agreement, it does not require registration under Section 17(1)(b) of the Registration Act, 1908 and can be used as evidence for collateral purposes, remanding the matter for trial court determination.

1 Oct 2021

The Supreme Court of India heard a civil appeal arising from a special leave petition, concerning the admissibility of an unregistered family settleme...

High Court

High Court of Karnataka Allows Appeal in Property Declaration and Possession Suit — Will Construction and Execution Proved. Court holds that execution of will must be proved by examining at least one attesting witness under Section 68 of Indian Evidence Act, 1872, and that a will is not required to be registered under Section 18 of the Registration Act, 1908.

25 Oct 2018

The appeal arises from a judgment and decree dated 17.01.2004 in O.S.No.16271/2001 on the file of the XXVIII Additional City Civil and Sessions Judge,...

High Court

Bombay High Court Dismisses Second Appeal Under Section 100 CPC, Upholding Concurrent Findings on Will and Possession. No Substantial Question of Law Arises as Findings of Fact Are Not Perverse.

15 Jun 2017

The appellant, original defendant Jayawant (since deceased, represented by legal heirs), filed a second appeal under Section 100 of the Code of Civil ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Restores Trial Court's Dismissal of Suit for Possession. Partition Deed of 1951 Held Not Proved, and Plaintiffs Failed to Establish Title and Possession Over Suit House.

10 Jan 2014

The case involves a property dispute between two branches of the Lohi family. The plaintiffs, sons and daughter of late Sheshrao Lohi, filed a suit fo...

High Court

Bombay High Court Allows Appeal Against Rejection of Plaint in Partition Suit — Dispute Over Will and Joint Family Property. Court holds that a suit for partition is maintainable even if the plaintiff claims through a Will, and the Civil Court has jurisdiction to decide the validity of the Will.

30 Nov -0001

The case involves an appeal against an order rejecting a plaint in a partition suit. The appellants, who were original defendants, challenged the tria...

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