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Bombay High Court Allows Admission of Documents in Partition Suit — Secondary Evidence Permitted Under Section 65 of Indian Evidence Act, 1872. Documents Held Admissible as Certified Copies of Public Records or Where Plaintiff Failed to Produce Originals After Notice.

The suit was filed by Indira Rajguru against her brothers and sister for partition and declaration of rights in respect of properties. The matter came...

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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 Rules on Admissibility of Documents in Suit for Partition and Declaration of Rights. Documents not proved in accordance with Indian Evidence Act, 1872 cannot be admitted in evidence unless original is produced or foundation for secondary evidence is laid.

The suit was placed before the court for considering the admissibility of documents referred to and relied upon by defendant nos.3 and 4 in their comp...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Gift Deed Cancellation Suit. Suit for Declaration that Gift Deed is Null and Void is Properly Valued Under Section 6(iv)(j) of Maharashtra Court Fees Act, 1959, Not Section 6(iv)(d).

The case involves a civil revision application filed by the defendant, Vasant Kisan Idhol, against an order of the trial court rejecting his applicati...

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Bombay High Court Allows Second Appeal in Gift Deed Rectification Case — Donor's Intention Not Established. Plaintiff Failed to Prove That Gift Deed Did Not Reflect True Intention of Donor, and Defendants' Title Through Registered Will Upheld.

The case involves a dispute over 4 acres of land in Survey No. 100/2. The plaintiff, Gokarnabai, claimed ownership based on a registered gift deed dat...

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Bombay High Court Dismisses Third Party Claim in Execution Proceedings — Minor's Ownership Claim Over Attached Flat Rejected for Lack of Evidence. Co-Partnership Society Flat Allotted to Judgment Debtor's Father Cannot Be Claimed by Minor Grandson Without Proof of Transfer.

The case involves execution proceedings arising from a decree passed in Summary Suit No.491 of 1999 on 18th March 2002 in favor of the Judgment Credit...

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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...