Search Results for "Notional Partition"

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Search Results for "Notional Partition"

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High Court

Madras High Court Allows Second Appeals in Partition Suit, Holds That Illegitimate Children Are Not Entitled to Share in Joint Family Properties Under Hindu Succession Act, 1956. Daughters Born From Void Marriage Cannot Claim Coparcenary Rights, Only Entitled to Separate Property of Father.

18 Jun 2026

The case involves three second appeals filed by the defendants 2 and 3 and another legal representative of the deceased 1st defendant against the judg...

High Court

High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

25 Jul 2025

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

High Court

High Court of Karnataka Dismisses Second Appeals in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Adverse Possession. The court held that the appellants failed to prove exclusive title and adverse possession over suit properties, and that the properties were joint family assets not subject to ouster.

29 Feb 2024

The case involves two regular second appeals filed under Section 100 of the Code of Civil Procedure, 1908, arising from a partition suit. The appellan...

High Court

Bombay High Court Dismisses Writ Petition Challenging Reversal of Temporary Injunction in Property Dispute Between Brothers. Compromise Decree for Partition Gives Defendant Right to Construct on His Share, Plaintiff Fails to Show Exclusive Possession.

19 Jan 2023

The dispute arose between two brothers, Udayraj Babaso Patil (petitioner/defendant) and Pramod Babaso Patil (respondent/plaintiff), over a suit proper...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit — Confirms Trial Court's Decree for Partition and Separate Possession. Daughters Granted Equal Share in Joint Family Property Under Hindu Succession Act, 1956.

20 Aug 2016

The case involves a partition suit filed by the plaintiffs, who are the sons and daughters of Mahalingappa Wali, seeking a share in the joint family p...

High Court

High Court of Karnataka Allows Partition Suit by Widow in Hindu Joint Family Property — Widow Entitled to Share of Deceased Husband's Interest in Ancestral Property Under Hindu Succession Act, 1956. The court confirmed the concurrent findings of the lower courts granting the plaintiff a 1/4th share in the ancestral properties, holding that the widow succeeds to her husband's share as a Class I heir.

25 Jun 2013

The plaintiff, Smt. K.B. Dhanalakshmi, filed a suit for partition and separate possession of a 1/4th share in the suit schedule properties, claiming t...

High Court

Karnataka High Court Allows Widow's Partition Suit in Hindu Joint Family Property — Widow Entitled to 1/4th Share of Deceased Husband's Coparcenary Interest. The court affirmed that under Section 6 of the Hindu Succession Act, 1956, a widow inherits the share of her deceased husband as if a notional partition had occurred immediately before his death, and the correct share is 1/4th.

25 Jun 2013

The plaintiff, Smt. K.B.Dhanalakshmi, filed a suit for partition and separate possession of a 1/4th share in the suit schedule properties, claiming to...

High Court

Bombay High Court Dismisses Writ Petition Challenging Land Acquisition for Project-Affected Persons, Holding Joint Family Land Ceiling Limit Applies to Entire Holding. Hindu Undivided Family Treated as Single 'Person' Under Maharashtra Resettlement of Project Displaced Persons Act, 1976, and Land Acquisition Act, 1894; No Notional Partition Permitted Without Actual Partition Evidence.

24 Jan 2012

The dispute arose out of land acquisition proceedings initiated by the State of Maharashtra for resettlement of project-affected persons. The petition...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Modifying Shares and Granting Share in Dwelling House to Female Heirs. The Court held that daughters are entitled to a share in the dwelling house under Hindu Succession Act, 1956, and recalculated shares based on the correct application of Section 8.

4 May 2005

The case involves a partition suit filed by the original plaintiffs, including Ratnabai (widow of Hiru) and Baban (son of Hiru), against the defendant...

High Court

Bombay High Court Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court upholds trial and appellate courts' dismissal of suit for declaration of ownership and injunction, finding no substantial question of law under Section 100 CPC.

30 Nov -0001

The case involves a second appeal filed by the original plaintiffs and some defendants against the judgment and decree of the District Judge, Ahmednag...

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