Search Results for "Hindu Succession (Amendment) Act, 2005"

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High Court of Karnataka Allows Appeal in Partition Suit — Appellants' Claim for Share in Joint Family Property Upheld. Court holds that daughters are entitled to equal share in coparcenary property under Hindu Succession Act, 1956, as amended in 2005, and that the suit was not barred by limitation.

The case involves a Regular First Appeal filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908, against the judgment a...

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Bombay High Court Considers Challenge to Interim Injunction Restraining Alienation of Ancestral Property by Gift Deeds. Key Question Involves Whether Notional Partition Under Section 6 of Hindu Succession Act, 1956 Terminated Coparcenary and Made Gift of Undivided Interest Valid.

The petitioners, who were defendants in a civil suit, invoked the writ jurisdiction of the High Court of Judicature at Bombay to challenge concurrent ...

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Bombay High Court Upholds Injunction in Partition Suit by Daughter's Son Claiming Share in Ancestral Property. Court holds that a daughter's son has a right to claim share in ancestral property and that the trial court's injunction was justified to protect the suit property pending final adjudication.

The case involves a partition suit filed by Chandrakant Gopal Desale, the son of Muktabai, who was the daughter of Sakharam. Sakharam had three childr...

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Bombay High Court Allows Civil Revision Application, Rejects Plaint in Hindu Succession Partition Suit. Granddaughter Lacks Coparcenary Rights Under Section 6 of Hindu Succession Act, 1956 When Her Mother is Alive and Not Claiming Partition.

The revision application arose from a suit for declaration, partition, possession, perpetual injunction, and mesne profit filed by respondent no.1/pla...

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Supreme Court Dismisses Appeal in Hindu Succession Case — Upholds Validity of Will Bequeathing Coparcenary Interest. Testator's undivided share in Mitakshara joint family property validly disposed by Will under Section 30 of Hindu Succession Act, 1956.

The appeal arose from a judgment of the Karnataka High Court dismissing RFA No. 347/1998, which affirmed the trial court's decree but reversed the fin...