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Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Under Maharashtra Civil Services (Pension) Rules, 1982 Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Does Not Form Part of Deceased's Estate.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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High Court of Karnataka Allows Appeal in Property Dispute — Restrains Interference and Construction Pending Suit. Prima facie case established regarding joint family property and partnership firm rights under Order 39 Rules 1 and 2 CPC.

The appellants, Mr. Parth Ghorpade and Mr. Sarvajeet Ghorpade, filed a Miscellaneous First Appeal under Order 43 Rule 1(r) read with Section 151 of th...

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Bombay High Court Allows Application to Reject Caveat in Probate Petition for Lack of Caveatable Interest. Brother of Deceased Cannot Oppose Grant of Probate Based on Adverse Title Claim to Subject Property.

The petitioner, the nephew and sole executor of the deceased Dhruva Kumar Makharia, filed a petition for grant of Probate of the deceased's Will dated...

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Bombay High Court Dismisses Revision Against Concurrent Findings in Tenancy Declaration Suit. Applicant fails to prove membership of deceased tenant's family or residence in suit premises under Section 7(15)(d) of Maharashtra Rent Control Act, 1999.

The case involves a Civil Revision Application filed by Pradeep Kumar Lalit Kumar Pandya challenging the concurrent judgments of the Small Causes Cour...

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Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

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Supreme Court Allows Appeals in SAFEMA Forfeiture Case — Notice to Convict Not Mandatory When Property Held by Relatives. The Court held that proceedings against relatives under Section 6 of SAFEMA are independent and do not require prior notice to the convict.

The Supreme Court of India heard appeals against a Madras High Court judgment that had set aside forfeiture orders under the Smugglers and Foreign Exc...

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Bombay High Court Allows Second Appeal in Family Pension Dispute — Second Wife Entitled to Family Pension Despite Bigamous Marriage. Family Pension Cannot Be Bequeathed by Will as It Is a Statutory Right Under Maharashtra Civil Services (Pension) Rules, 1982.

The case involves a dispute over family pension following the death of Mahaling Ramchandra Patil, a primary teacher who died on 5 May 2001. He had mar...

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Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...