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Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Bombay High Court Dismisses Impleadment Application by Stepchild in Partition Suit — Stepchild Not a Legal Heir Under Hindu Succession Act. The court held that a stepchild has no legal interest in the joint family property of a deceased coparcener and cannot be impleaded in a partition suit.

The Bombay High Court dismissed a chamber summons filed by a third-party applicant seeking impleadment in a partition suit. The suit involved partitio...

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Bombay High Court Dismisses Second Appeal in Joint Family Property Dispute — Sale by Coparcener Without Consent Invalid. Property Purchased from Joint Family Funds is Presumed to be Joint Family Property Under Hindu Law.

The case involves a dispute over a house property in Warora, Chandrapur. The plaintiffs, Gayabai (mother) and Bapurao (son), along with defendant no.2...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...