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Bombay High Court Dismisses Second Appeals in Property Sale Dispute, Upholds Concurrent Findings of Valid Sale and Possession. Agreement for Sale and Sale Deed for Agricultural Land Upheld as Self-Acquired Property Not Subject to Coparcenary Rights.

The case involves two second appeals arising from a property dispute. The appellants, who are the wife, daughters, and son of Ramesh Krushnarao Deshmu...

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Supreme Court Upholds Gift Deed in Ancestral Property Dispute — Property Devised by Will Held Self-Acquired. Gift Deed Valid as Execution Not Specifically Denied, No Attesting Witness Required Under Section 68 of Indian Evidence Act, 1872.

The present appeal arises from a second appeal before the Gujarat High Court concerning a gift deed executed by Chhotabhai Ashabhai Patel (donor) on N...

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Bombay High Court Dismisses Revision Against Obstructionist Notice in Eviction Execution — Successor-in-Interest Cannot Resist Possession After Tenant's Undertaking to Vacate

The case arises from an eviction suit filed by the original plaintiff (landlord) against the original defendant (tenant) in respect of Room No.8 at Kr...

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Bombay High Court Dismisses Civil Revision Application in Rent Control Dispute — Lease Deed Not Required to Be Registered Under Section 107 of Transfer of Property Act, 1882 for Monthly Tenancy. Tenant's Possession Held to Be Lawful Under Agreement of Lease, Not Liable for Eviction.

The plaintiff, Mahendra Valji Rathod, filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the judgm...

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Bombay High Court Allows Partition Appeal in Hindu Succession Case — Daughter Entitled to Equal Share in Ancestral Property. Court holds that a married daughter is a coparcener under the Hindu Succession Act, 1956, and notional partition cannot defeat her rights.

The case involves a dispute over ancestral properties between a sister (respondent/plaintiff) and her brother's family (appellants/defendants). The re...

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Bombay High Court Allows Writ Petition for Partition and Separate Possession of Joint Family Property. Daughter-in-law held entitled to claim partition of joint family property under Hindu Succession Act, 1956, even after husband's death, as she steps into the shoes of her husband.

The petitioner, Kalpana Udhav Disle, filed a writ petition seeking partition and separate possession of joint family property. She was the wife of Udh...

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Bombay High Court Dismisses Husband's Appeal for Nullity of Marriage on Ground of Sapinda Relationship, Upholds Wife's Right to Maintenance. Marriage Not Void Ab Initio as Customary Exception Proved and Sapinda Relationship Not Established Beyond Doubt Under Section 11 of Hindu Marriage Act, 1955.

The parties, husband and wife, married in January 1981 and separated in July 1981. They lived in a joint family property in Girgaum. The wife filed a ...

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Bombay High Court Rejects Plaint in Partition Suit for Non-Disclosure of Cause of Action and Bar by Limitation. Daughter-in-law's suit for partition of ancestral property dismissed as she is not a coparcener and claim is time-barred under Order VII Rule 11(a) and (d) CPC.

The plaintiff, Smt. Jayashree Ashok Goregaonkar, filed a suit for partition against the defendants, including Kanta Chandrakant Mhatre and others. The...

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Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...