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Bombay High Court Upholds Tribunal's Power to Void Gift Deed Under Senior Citizens Act — Son Directed to Hand Over Possession of Flat to Parents. Gift Deed Executed by Parents in Favor of Son Declared Void as Parents Were Not Provided Basic Amenities and Were Subjected to Ill-Treatment.

The Petitioner, Ashwin Ramesh Soni, is the son of Respondent Nos.1 and 2, Ramesh Bachaulal Soni and Beena Ramesh Soni, who are senior citizens aged 68...

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Bombay High Court Allows Appeal in Partition Suit — Gift Deed Not Challenged, No Cause of Action for Partition. Suit for partition without seeking cancellation of registered gift deed is not maintainable under Order 7 Rule 11 CPC.

The appeal arises from a dispute between two real brothers over a house property. The respondent (original plaintiff) and appellant (original defendan...

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High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Preliminary Decree Granting 1/3rd Share to Plaintiffs. Court holds that plaintiffs established their claim over ancestral property and that the suit was not barred by limitation.

The appeal arises from a preliminary decree passed in O.S.No.32/2015 by the Senior Civil Judge, Sirsi, decreeing the suit for partition. The plaintiff...

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Madras High Court Upholds Annulment of Settlement Deed Under Senior Citizens Act for Grandson's Neglect. Implied Condition of Maintenance Found Sufficient Under Section 23(1) of Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Where Deed Executed Out of Love and Affection.

The case arose under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, involving a senior citizen grandmother (respondent no.3) an...

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Bombay High Court Dismisses Revision Application Challenging Restoration of Suit in Property Dispute — Plaint Not Barred by Res Judicata or Specific Relief Act. New Cause of Action Arising from Assignment of Lease Justifies Fresh Declaratory Suit Under Order 7 Rule 11 CPC.

The case involves a long-standing property dispute over a plot of land in Naigaon, Dadar, Mumbai. The original lessee, Goswami Maharaj, granted a 999-...

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High Court of Karnataka Quashes Order in Civil Revision Petition Due to Lack of Jurisdiction and Non-Compliance with CPC Provisions — Petitioner's Application for Temporary Injunction Dismissed Without Proper Consideration of Order 39 Rules 1 and 2 CPC.

The petitioner, Sangameshgouda Mudigoudra, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of certiorari ...

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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...

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Bombay High Court Dismisses Appeal in Partition Suit — Appellants Fail to Prove Exclusive Title Over Suit Property. Court upholds trial court's finding that suit property was joint family property and not self-acquired, dismissing appeal for lack of evidence.

The appellants, five sisters, filed a suit for partition and separate possession of a property situated at Village Manor, Taluka Palghar, District Tha...