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Karnataka High Court Dismisses Appeal in Partition Suit — Muslim Personal Law Overrides Karnataka Stamp Act. Settlement Deed Among Muslim Parties Not Required to Be Stamped Under Article 48 of Karnataka Stamp Act, 1957.

The case involves a partition suit filed by the respondents (daughters and widow of late T.A. Abdul Jabbar) against the appellants (sons of late T.A. ...

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Bombay High Court Dismisses Appeal Against Appointment of Court Receiver in Probate Dispute — Upholds Interim Protection of Estate Pending Grant of Probate. Court Receiver Appointed to Preserve Estate of Deceased Testator Where Caveat Filed and Dispute Between Heirs Exists.

The appeal was directed against an order dated July 17, 1996, passed by the learned motion Judge appointing Court Receiver in respect of the estate of...

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High Court of Karnataka Allows Partition Appeal, Remands Suit for Fresh Consideration on Issue of Joint Family Property. The trial court's decree was set aside due to improper appreciation of evidence and failure to frame proper issues regarding the nature of the suit properties.

The appeal arises from a judgment and decree dated 30.11.2006 passed by the Principal Civil Judge (Sr.Dn.), Dharwad, in O.S.No.242/2003, decreeing the...

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Bombay High Court Dismisses Widow's Partition Suit Due to Remarriage Before Hindu Succession Act, 1956 — Section 14 Benefit Not Available to Widow Who Remarried Prior to Act's Commencement

The case involves a second appeal filed by the heirs of the original plaintiff, Sitabai Narhari Rakshe, against the dismissal of her suit for partitio...

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Bombay High Court Revokes Heirship Certificate Granted Under Bombay Regulation VIII of 1827 Due to Suppression of Material Facts and Non-Joinder of Other Legal Heirs. The court held that an heirship certificate obtained by suppressing the existence of other legal heirs is liable to be revoked.

The petitioners, being the widow, daughter, minor son, and mother of the deceased Bhimrao Anand Jadhav, filed a petition seeking revocation of an heir...

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Bombay High Court Dismisses Appeal Against Recall of Order in Probate Case — Joint Executor Status Restored. Delay Condoned as Respondent Had Accepted Executorship and Appellants Failed to Comply with Earlier Direction to Add Her as Co-Petitioner.

The case arises from a probate petition concerning the Will of Nitinkumar Madhavji Rangwala dated 28th June 2004. The Will appointed four executors, i...