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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Daughter Entitled to Half Share in Ancestral and Self-Acquired Properties. Daughter's claim for partition upheld as co-parcenary rights under Hindu Succession Act, 1956 apply equally to daughter and son.

The appellant, Smt. P L Nanjamma, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree ...

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Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Supreme Court Allows Appeal in Family Settlement Dispute — Upholds Validity of Pre-Emptive Right Clause. Clause requiring written concurrence of all co-sharers before sale to third party is valid and binding; High Court erred in holding it vague and void.

The dispute arose from a family settlement dated 31.03.1982 among three brothers, including the appellant Tilak Raj Bakshi (plaintiff), the first defe...

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High Court of Bombay at Goa Disposes of Appeals Challenging Apportionment of Compensation Under Land Acquisition Act. Reference Court Had Awarded Entire Compensation to One Party Without Framing Issues or Properly Evaluating Evidence Under Section 30, Land Acquisition Act, 1894.

The High Court of Bombay at Goa heard three first appeals against the judgment of the Reference Court dated 15.07.2010, which had awarded the entire c...

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High Court of Karnataka Dismisses Review Petition in Property Partition Suit — No Error Apparent on Face of Record. Review petition under Order 47 Rule 1 CPC dismissed as the court found no error in the judgment dated 7.9.2012 in RSA No.5985/2010 regarding share fixation.

The review petition was filed by the petitioners (legal representatives of the deceased original plaintiff) against the judgment dated 7.9.2012 passed...