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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Prior Partition Based on Unequal Division and Subsequent Conduct. Court holds that unequal partition does not invalidate severance of joint status and that subsequent alienations of individual shares indicate acceptance of prior partition.

The case involves a Second Appeal filed by the original defendants against a decree for partition and separate possession granted by the First Appella...

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Bombay High Court Dismisses Legal Heir's Application for Impleadment in Testamentary Petition. Application Rejected on Grounds of Lack of Caveatable Interest Under Hindu Succession Act, 1956.

The Bombay High Court dismissed an application filed by a claimant seeking impleadment as a legal heir in a petition for Letters of Administration reg...

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Bombay High Court Allows Condonation of Delay in Railway Accident Claim — Illiteracy and Poverty Constitute Sufficient Cause Under Section 17(2) of Railway Claims Tribunal Act, 1987. The Court set aside the Tribunal's dismissal and remanded the matter for fresh consideration on merits.

The appellant, Saraswati Giri, filed a claim for compensation before the Railway Claims Tribunal, Mumbai Bench, following the death of her son in a tr...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Interfered With. Suit for possession based on title and prior possession; appellate court refused to re-appreciate evidence in second appeal under Section 100 CPC.

The present second appeal was filed by the original defendant No.1 challenging the judgment and decree passed in Regular Civil Appeal No.238 of 1987 b...

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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...