Search Results for "Void Alienation"

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Bombay High Court Allows Second Appeal in Partition Suit — Sales by Karta Not Binding on Coparceners. Hindu Law Requires Legal Necessity for Alienation of Joint Family Property; Burden on Alienee Not Discharged.

The case involves a second appeal filed by the original defendant no.1 against the judgment of the appellate court which held that sales effected by d...

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Bombay High Court at Aurangabad Hears Letters Patent Appeal Against Dismissal of Review in Kulkarni Watan Land Regrant Case. Decides on Rights of Purchaser Versus Successors of Original Watandar Under Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950.

The dispute involved lands bearing Survey Nos. 135 and 144 at Jamda, Jalgaon, originally held as Kulkarni Watan. In 1944, the vendor Ramchandra Tembul...

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Bombay High Court Dismisses Petition Challenging Injunction Order in Property Dispute Between Co-Owners. Court upholds trial court's discretion to grant temporary injunction restraining alienation of jointly owned properties pending suit for partition and permanent injunction.

The petitioner, Akhil Mansuklal Mehta, and the respondent, Sheetal Deepak Karamchandani, jointly purchased three properties between 1996 and 1998: (1)...

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Supreme Court Allows Wakf Board's Appeal in Service Inam Land Dispute — Property Held to Be Wakf Due to Partition Deed Recital and Unchallenged Gazette Notification. Plaintiffs' Title Based on Void Alienations Cannot Be Sustained.

The Supreme Court allowed the appeal filed by the Andhra Pradesh State Wakf Board against the judgment of the High Court of Andhra Pradesh, which had ...

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Supreme Court Dismisses Appeal in Will Interpretation Case; Bequest to Unborn Sons Held Void Under Hindu Law. Bequest to Sons Born After Testator's Death Fails Under Tagore v. Tagore Doctrine; Life Estate to Brother Upheld, Daughters' Contingent Bequest Not Effective.

The dispute arose from a will jointly executed on May 9, 1946 by two Hindu brothers, Krishnan Nadar and Raman Nadar, concerning the assets of Krishnan...

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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.

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...

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Karnataka High Court Quashes Assistant Commissioner’s Order Cancelling Gift and Sale Deeds Under Senior Citizens Act. Absence of Condition for Maintenance in Gift Deed Renders Section 23 Inapplicable, Bona Fide Purchaser’s Rights Protected.

The petitioner, a subsequent purchaser of immovable property, challenged an order passed by the Assistant Commissioner under the Maintenance and Welfa...

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High Court of Bombay Considers Application for Rejection of Plaint in Suit Alleging Unauthorized Alienation of Joint Family Property by Father. Limitation Period Under Section 109 of Limitation Act, 1963 Raised as Defence.

The matter arises from an Interim Application filed by Defendant No.1, Mantri Building Condominium, seeking rejection of the plaint under Order VII Ru...