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Search Results for "hindu undivided family"

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High Court

High Court of Karnataka Adjudicates First Appeal Against Dismissal of Partition Suit as Not Maintainable. The appeal questioned whether a daughter could claim coparcenary rights under the Hindu Succession (Amendment) Act, 2005, when prior partition deeds existed and the devolution of property was governed by succession under Section 8 of the Hindu Succession Act, 1956, rather than by survivorship.

22 Oct 2024

The first appeal arose from the judgment dated 05.07.2016 in O.S.No.6285/2008 passed by the XXXVII Additional City Civil and Sessions Judge, Bengaluru...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit: Marriage of Plaintiff with Deceased Hanumanthappa Held Valid Despite Age Dispute and Lack of Ceremonies. The Court held that the age requirement for marriage under Section 5(iii) of the Hindu Marriage Act, 1955 is directory, not mandatory, and the marriage was sufficiently proved through evidence.

15 Nov 2019

The case involves a partition suit filed by Sujathamma claiming a share in the ancestral property of Sonnappa as the wife of his deceased son, Hanuman...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit, Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the suit for partition was not barred by limitation as the plaintiff's possession was not adverse and the defendants failed to prove ouster.

13 Feb 2025

The case pertains to a Regular First Appeal filed by the defendants against the judgment and decree dated 30.09.2010 passed by the Senior Civil Judge,...

High Court

Bombay High Court Upholds Daughter's Right to Coparcenary Share Under Amended Section 6 of Hindu Succession Act Despite Father's Death Before 1956 Act. Daughter Granted 1/4th Share in Suit Property as Amendment is Retrospective and Confers Coparcenary Rights from Birth.

29 Aug 2024

The case involves a second appeal before the Bombay High Court challenging the judgments of the trial court and the first appellate court in a partiti...

Supreme Court

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.

22 Nov 2019

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...

High Court

Bombay High Court Dismisses Petition Challenging Order to Admit Widow as Member of Co-operative Housing Society. Family Arrangement Under Section 154B-13 of Maharashtra Co-Operative Societies Act, 1960 Includes Relinquishment Deed Executed by Heirs of Deceased Member.

23 Sep 2024

The petitioner, Bima Nagar Co-Operative Housing Society Limited, challenged an order dated 10th April 2024 passed by the Divisional Joint Registrar, w...

High Court

KAHC010872812010_1

6 Jun 2013

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High Court

Karnataka High Court Allows Partition Suit by Legal Heirs of Deceased Son Against Father's Gift Deed and Subsequent Sale — Joint Family Property Status Upheld. The court held that the gift deed executed by the father in favour of another son and the subsequent sale deed were not binding on the plaintiffs, who are the wife and son of the deceased son, as the properties were joint family properties.

6 Oct 2023

The case involves a partition suit filed by the plaintiffs, who are the wife and son of the deceased Santhosh, against defendant No.1, the father of S...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree is Valid and Not Unconstitutional. The court held that the Explanation defining partition as only by registered deed or court decree is within legislative competence and does not violate fundamental rights.

19 Feb 2015

The petitioners, legal representatives of the original petitioner Puttalinganagouda @ Veeranagouda B Patil, filed a writ petition under Articles 226 a...

High Court

Bombay High Court Allows Husband's Divorce on Grounds of Cruelty and Desertion Under Hindu Marriage Act, 1955 — Wife's Counterclaim for Restitution of Conjugal Rights Dismissed. The court upheld the Family Court's finding that false complaints by the wife to police and employer constituted mental cruelty under Section 13(1)(ia), and that desertion under Section 13(1)(ib) was proved by the wife's intentional withdrawal from cohabitation without reasonable cause.

16 Mar 2017

The case involves two appeals arising from a common judgment of the Family Court at Bandra, Mumbai, in a divorce petition filed by the husband under S...

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