Search Results for "Partition deed"

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Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

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Bombay High Court Allows Appeal in Specific Performance Suit — Agreement to Sell Not Proved as Genuine. Court finds that the plaintiff failed to discharge burden of proving the agreement and that the defendant's possession was permissive, not as a prospective purchaser.

The appellant, M/s Multicon Builders, a registered partnership firm through its partner Suryakant Gendasingh Thakur, was the original defendant no.9 i...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Upholds Sale of Joint Family Property for Legal Necessity. Lower Appellate Court's Finding of Legal Necessity for Sale of House Property No.11 by Karta is a Question of Fact, Not Interferable Under Section 100 CPC.

The case involves a second appeal filed by the original plaintiffs (Sanjay Babu Kadam and Sou. Subhadra Babu @ Shankar Kadam) against the judgment of ...

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Bombay High Court Dismisses Second Appeal in Partition Suit, Upholds Concurrent Findings of Lower Courts. Family Arrangement and Benami Transaction Allegations Rejected as Property Purchased by Deceased from Own Earnings and Joint Family Income.

The case involves a partition suit filed by the wife and children of the deceased Macchhindra against his brothers (appellants). The plaintiffs sought...

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Bombay High Court Allows Partition Suit in Family Property Dispute — Plaintiff Entitled to 1/5th Share. Co-owner's Right to Partition Upheld Despite Unproven Allegations of Oral Partition and Will.

The suit was filed by Indira Rajguru, a resident of the United Kingdom, against her brothers and sister (defendants) for partition and separate posses...

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Bombay High Court Dismisses Petition Challenging Order on Burden of Proof in Partition Suit — Defendants Claiming Under Gift Deed Must Prove Its Validity First. No Exceptional Circumstances to Shift Onus to Co-Defendants Under Order 18 Rule 2 CPC.

The case arises from a partition suit filed by the plaintiffs (respondent no.1 and others) in the Civil Judge, Senior Division, Malegaon, seeking part...

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High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...