Search Results for "Partition deed"

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Search Results for "Partition deed"

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High Court

Karnataka High Court Allows Daughters' Partition Appeal in Hindu Succession Act Case — Daughters Entitled to Equal Share Despite Earlier Partition Deed. Daughters' right to partition upheld as the earlier partition deed was not binding on them under Section 6 of the Hindu Succession Act, 1956.

21 Jul 2017

The appeal arises from a judgment and decree dated 13.12.2016 passed by the II Additional Senior Civil Judge and JMFC, Tumakuru, in O.S.No.10/2014, di...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

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 Dismisses Second Appeal in Partition Suit — Gift Deed Void for Lack of Acceptance and Possession. The court held that a gift deed executed by a husband in favor of his second wife without acceptance and delivery of possession is void under Section 122 of the Transfer of Property Act, 1882, and the property remains joint family property subject to partition.

10 Jun 2022

The case involves a partition suit filed by Rakhamabai (first wife) and Ushabai (daughter) against Subhadrabai (second wife) and others. The deceased ...

High Court

Bombay High Court Dismisses Revision Against Rejection of Order VII Rule 11 CPC Application in HUF Partition Suit — Suit Not Barred by Limitation as Cause of Action Arose on Alienation by Coparcener.

9 Jul 2024

The present Civil Revision Application was filed by Defendant No.6, a third-party purchaser, challenging the rejection of his application under Order ...

High Court

Karnataka High Court Dismisses Appeal in Partition Suit — Muslim Personal Law Overrides Karnataka Stamp Act. Settlement Deed Among Muslim Parties Not Required to Be Stamped Under Article 48 of Karnataka Stamp Act, 1957.

25 Apr 2024

The case involves a partition suit filed by the respondents (daughters and widow of late T.A. Abdul Jabbar) against the appellants (sons of late T.A. ...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Retrospective Application of Amendment Deleting Section 23 of Hindu Succession Act. Female Heirs Entitled to Partition of Dwelling House as Amendment Removes Disability and Applies to Pending Appeals.

23 Sep 2011

The case involves a partition suit filed by Respondent No.1 (original plaintiff) against her brothers, including the Appellant (original defendant No....

High Court

Madras High Court Partially Allows Partition Appeal, Upholds 1/2 Share for Plaintiff but Modifies Decree to Include Right of Residence for Defendant. Court holds that a co-owner in possession cannot be ousted without partition by metes and bounds, and that the trial court erred in granting a preliminary decree without considering the defendant's right of residence under Section 44 of the Transfer of Property Act, 1882.

9 Jun 2026

The appeal arises from a judgment and decree dated 28.02.2018 passed by the Fast Track Mahila Court, Dindigul, in O.S.No.65 of 2009, a suit for partit...

High Court

Bombay High Court Dismisses Second Appeal in Property Partition and Possession Dispute — Upholds Concurrent Findings on Title and Adverse Possession. The court held that the registered partition deed of 1961 was valid and that the defendants failed to prove adverse possession or that the deed was a will.

4 Aug 2022

The case involves a property dispute between two brothers, Sharadrao Daulatrao Jadhav (plaintiff) and Bapusaheb Daulatrao Jadhav (defendant, now decea...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside Concurrent Findings for Lack of Proof of Partition and Encroachment. Vendor Cannot Transfer Better Title Than He Has Under Nemo Dat Quod Non Habet Principle; Oral Admissions Insufficient to Prove Partition Under Section 58 of Indian Evidence Act, 1872.

9 Aug 2024

The dispute pertains to a suit property bearing No.407, Nazul Block No.9, admeasuring 1251 sq.ft. out of half share, situated in Gandhi Ward No.2, Hin...

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