Search Results for "partition demand"

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Search Results for "partition demand"

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High Court

Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

14 Jul 2026

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Over Gift Deed and Partition. Family Settlement of 1953 Held Valid Despite Non-Registration, and Gift by Widow to Grandson Upheld as Binding on Heirs.

6 Oct 2025

The dispute pertains to properties originally owned by Balaji, who died intestate in 1932. His widow Laxmibai and three sons Harihar, Keshao, and Krus...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

High Court of Karnataka Reviews Trial Court Order on Memo and Injunction Application in Pending Partition Suit. Plaintiff Challenges Order Allowing Bank's Memo and Rejecting Interim Relief Under Order XXXIX Rules 1 and 2 CPC.

24 Aug 2023

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High Court

Bombay High Court Dismisses Petition Challenging Revision of Shares in Partition Decree to Include Daughters as Coparceners. The court held that a preliminary decree for partition does not attain finality until the final decree is passed, and shares can be revised in execution proceedings under the amended Section 6 of the Hindu Succession Act, 2005.

19 Aug 2022

The petitioner, Jayendra Sahdeo Abnave, challenged an order passed by the learned Adhoc District Judge, Shrirampur in Civil Misc. Application No. 5 of...

High Court

Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

7 Jul 2021

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

High Court

Bombay High Court Dismisses Appeal in Inventory Proceedings — Prescription Under Portuguese Civil Code Does Not Bar Co-Heir's Right to Seek Inventory After 30 Years. The Court held that the right to seek inventory is imprescriptible and can be exercised at any time by a co-heir, as it is a right to partition and not a right to claim ownership against another co-owner.

17 Sep 2020

The case involves a dispute between a brother and sister over the estate of their mother, who died in 1979. The sister, Monica Sinai Rataboli, initiat...

High Court

High Court of Karnataka at Bengaluru Hears Regular First Appeal Challenging Decree Holding Sale Deeds Void Under Section 52 of Transfer of Property Act in Pending Partition Suit. Appeal contests application of lis pendens doctrine to nullify purchases made during pendency of suit, with court's analysis focusing on extent of co-heir rights in Mohammedan law.

31 Jan 2015

The case arose from a partition suit filed by two Muslim women, Smt. Jameela Begum and Smt. Iqbal Begum, seeking their shares in the properties left b...

High Court

Bombay High Court Allows Second Appeal in Property Suit, Remands for Fresh Disposal on Merits. Lower Appellate Court Failed to Decide Appeal on Merits, Violating Duty Under Section 96 CPC.

8 Jul 2014

The appellant-plaintiff filed a second appeal before the Bombay High Court against the judgment and decree of the lower appellate court which had dism...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Alienation. Court holds that a coparcener's alienation of joint family property without legal necessity is voidable, not void, and that the alienee is entitled to partition of the alienor's share.

6 Feb 2013

The case arises from a partition suit filed by the plaintiff, Vimlabai, seeking partition and separate possession of joint family properties. The tria...

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