Search Results for "Notional Partition"

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Search Results for "Notional Partition"

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High Court

High Court of Karnataka Allows Second Appeal in Partition Suit — Daughters Entitled to Equal Share in Joint Family Property Under Hindu Succession Act, 1956. Daughters' right to partition upheld despite earlier compromise decree excluding them, as compromise was not binding on them and they were not parties to it.

19 Sep 2025

The present Regular Second Appeal is filed by the appellants, who are the daughters of the deceased Mukundappa, against the judgment and decree dated ...

High Court

High Court of Karnataka Dismisses Petition Challenging Rejection of Application to Set Aside Ex-Parte Decree in Partition Suit — Petitioner Failed to Show Sufficient Cause for Non-Appearance. The court held that mere denial of service without evidence is insufficient to set aside an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908.

22 Mar 2024

The petitioners, legal representatives of the original defendant Kadappa, filed a writ petition under Article 227 of the Constitution of India challen...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Property Dispute — Mother Cannot Act as Guardian of Minor Daughter's Separate Property Inherited from Father. Release Deed Executed by Mother as Guardian of Minor Daughter Without Court Sanction is Voidable, Not Void Ab Initio, and Must Be Challenged Within Limitation Period.

8 Jan 2020

The dispute originated from a suit for partition filed by the youngest daughter of Moola Gounder, who died intestate on 28.12.1971. Moola Gounder was ...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that daughters are entitled to equal share in coparcenary property and that the Will executed by the father was not validly proved.

10 Oct 2019

The case involves a partition suit filed by the respondents (sons) against the appellants (daughters and others) seeking partition and separate posses...

High Court

High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC.

28 Sep 2015

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10....

High Court

High Court of Karnataka Dismisses Second Appeal in Property Partition Suit — Confirms Half Share to Plaintiff. Sale Deed Executed by Father Without Legal Necessity Held Not Binding on Daughter as Coparcener Under Hindu Succession Act, 1956.

3 Jul 2013

The case involves a second appeal filed by the defendants (appellants) against the judgment and decree in R.A. No. 207/1997, which confirmed the trial...

High Court

Bombay High Court Allows Landlord's Possession Claim Under Bombay Tenancy Act — Child in Womb Not a 'Member of Family' for Land Ceiling Exemption. Landlord's Bona Fide Need for Personal Cultivation Established Under Section 25 of Bombay Tenancy and Agricultural Lands Act, 1948, Despite Tenant's Objection Based on Unborn Child.

30 Jul 2010

The petitioner, Hareshkumar Kanhayalal Gujarathi, through his General Power of Attorney holder Govind Dayal Gujarathi, filed a writ petition under Art...

High Court

Bombay High Court Dismisses Writ Petition of Purchasers Challenging Eviction Order in Tenancy Dispute — Purchasers Lack Locus Standi to Challenge Order Passed Against Tenant Before Their Purchase. The court held that the petitioners, who purchased the suit land after the eviction order under Section 14 read with Section 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, cannot challenge that order as they were not parties to the proceedings.

19 Jan 2005

The judgment arises from a writ petition under Article 227 of the Constitution of India filed by three petitioners, who are purchasers of agricultural...

High Court

Bombay High Court Dismisses Landowners' Appeal in Land Ceiling Case. Surplus Land Determination Under Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 Upheld.

30 Nov -0001

The appellants, Prashant Haribhau Mahalle and others, were landowners whose land was declared surplus by the Surplus Land Determination Tribunal under...

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