Search Results for "transfer without partition"

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High Court Removes Executor in Testamentary Dispute Under Indian Succession Act, 1925 -- Over Estate Administration Breach

The judgment involves a dispute over the administration of the estate of late Rajnikant Ambalal Kilachand, where the Respondent, under a Will dated 27...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Lower Appellate Court's Erroneous Reversal of Trial Court's Decree. The Court Held That the First Appellate Court Must Reappreciate Evidence Independently and That a Co-Owner Cannot Claim Adverse Possession Without Ouster.

The present second appeal arises from a partition suit filed by the original plaintiff (since deceased, represented by legal heirs) against the appell...

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Bombay High Court Rejects Application for Amendment of Preliminary Decree in Partition Suit — No Accidental Slip or Clerical Error Found. Claim Based on Sale Deed Not Raised During Trial or Appeals Cannot Be Introduced via Section 152 CPC Amendment.

The case arises from a partition suit filed by Anantrai against his brothers and others for partition of properties left by their father Ramshankar Up...

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High Court of Karnataka Allows Daughter's Partition Appeal Against Brother and Mother, Holding Father's Properties as Self-Acquired and Not Ancestral. Daughter Entitled to Equal Share Under Section 8 of Hindu Succession Act, 1956 as Will Not Proved.

The appellant, M. Shobha, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree date...

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Karnataka High Court Quashes Caste Certificate Cancellation Orders for Violation of Natural Justice. Petitioner's Caste Certificate Cancelled Without Notice or Hearing Under Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Issuance and Verification of) Act, 2000.

The petitioner, Smt Mallamma, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the orders dated 21.12.2015 an...

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Bombay High Court Partly Allows Arbitration Petitions Challenging Award on Family Settlement MOU — Upholds Arbitrator's Findings on Interpretation of MOU Clauses but Sets Aside Award on Certain Claims as Beyond Scope of Reference.

The judgment arises from two arbitration petitions under Section 34 of the Arbitration and Conciliation Act, 1996, challenging a sole arbitrator's awa...

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Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below on Joint Family Property and Limitation. The court held that the suit for partition was not barred by limitation and that the property was joint family property, not self-acquired.

The case involves a second appeal filed by the defendants against the judgment and decree of the District Judge, South Goa, Margao, in Regular Civil A...