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Supreme Court Upholds Validity of Will and Limits Sale Deed in Property Inheritance Dispute. Will dated 6th May 2009 Not Revoked by Agreement as It Did Not Comply with Section 70 of Indian Succession Act, 1925, and Sale Deed Valid Only to Extent of Co-owner's Share in Undivided Property.

The dispute arose from a property inheritance conflict involving lands owned by Mangilal in Madhya Pradesh. Mangilal executed a Will on 6th May 2009, ...

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High Court of Karnataka Allows Appeal in Partition Suit — Res Judicata Not Applicable to Earlier Consent Decree Without Adjudication. Consent Decree Does Not Bar Subsequent Suit Under Section 11 CPC as There Is No Adjudication on Merits.

The appellant-plaintiff filed a suit for partition and separate possession of suit schedule A, B and C properties, claiming they were ancestral joint ...

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High Court of Karnataka Dismisses Appellant's Regular Second Appeals in Property Partition Suit — Upholds Concurrent Findings Granting One-Half Share to Respondent. No Substantial Question of Law Arises Under Section 100 CPC.

The appellant, Sri Nanjaiah, filed two Regular Second Appeals under Section 100 of the Code of Civil Procedure, 1908, challenging the judgment and dec...

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Bombay High Court Dismisses Second Appeals in Adoption Dispute — Holds Adoption Valid Despite Caste Allegations. Court finds that adoption of a daughter's son by a widow is valid under Hindu law and that the parties were not 96 Kuli Marathas, thus no prohibition applied.

The case involves two second appeals arising from a judgment in two suits concerning the validity of an adoption. The appellants, Baburao Marutrao Man...

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Gujarat High Court Dismisses Appeal Against Decree for Removal of Unauthorized Construction in Property Dispute. Partition Deed and Commissioner Report Establish Encroachment, Affirming Trial Court's Injunction Under Section 96 CPC.

The case involves a first appeal under Section 96 of the Code of Civil Procedure, 1908, filed by the defendant (appellant) challenging the judgment an...

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High Court of Bombay at Goa Decides First Appeal No. 107 of 1999 and Cross Objection No. 6 of 2000 in Land Acquisition Compensation Case. The appeal challenged enhancement of compensation from Rs.4.50-6 to Rs.89.25 per square metre under the Land Acquisition Act, 1894.

The High Court of Bombay at Goa heard a first appeal and cross objection arising from a land acquisition reference under the Land Acquisition Act, 189...

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Madras High Court Hears Second Appeal in Civil Suit for Declaration and Recovery of Possession. Substantial Questions of Law on Proof of Oral Partition, Title, and Admission of Additional Evidence Considered.

The second appeal arose from concurrent findings dismissing the plaintiff's suit for declaration, mandatory injunction, and recovery of possession. Th...

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Bombay High Court Upholds Decree for Specific Performance in Property Sale Dispute — Property Held Self-Acquired Despite Ancestral Origin. Property received in partition is self-acquired and vendor competent to alienate without consent of other family members.

The present second appeal arises from a decree for specific performance of an agreement to sell agricultural land. The respondent-plaintiff Raghunath ...