Search Results for "oral partition"

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Search Results for "oral partition"

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High Court

High Court of Bombay at Goa Quashes Reopening of Inventory Proceedings and Remands Will Validity Inquiry — Failure to Conduct Proper Inquiry Under Section 446 of Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The court held that reopening concluded proceedings without notice and dismissing a Will challenge without evidence is unsustainable.

8 Dec 2025

The petitioners, Maria Marta Vaz and Agnelo Constancio Vaz, challenged two orders: (1) an order dated 15.10.2022 by the Civil Judge Senior Division at...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

Supreme Court

Supreme Court Dismisses Appeal in CPC Application Rejection Case - Application under Order VII Rule XI of CPC for rejection of plaint was rightly dismissed as the appellants failed to establish grounds for rejection.

28 Apr 2023

The dispute arose from a property partition involving land in Survey Nos. 700/A7B and 706/A9 of Nandyal Town, Kurnool District, Andhra Pradesh. The or...

High Court

Karnataka High Court Allows Partition Appeal by Divided Son in Hindu Joint Family Property Dispute. Son who separated from father prior to 1956 is entitled to share in ancestral property as per Mitakshara law and Hindu Succession Act, 1956.

7 Jul 2021

The case involves two regular first appeals (RFA No.100007/2014 and RFA No.100028/2014) arising from a common judgment and decree dated 25.10.2013 pas...

Supreme Court

Supreme Court Restores Concurrent Findings of Fact in Property Dispute, Sets Aside High Court's Interference Under Section 100 CPC. High Court Exceeded Jurisdiction by Reappreciating Evidence and Holding Unregistered Partition List Inadmissible Without Considering Collateral Use.

1 May 2019

The Supreme Court allowed the appeal filed by the original defendants, setting aside the High Court's judgment and restoring the concurrent findings o...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

30 Jul 2018

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

High Court

Bombay High Court Dismisses Partition Appeal Due to Lack of Evidence of Joint Family Property. The court held that the plaintiffs failed to prove that the suit property was ancestral or joint family property, and the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

9 Dec 2014

The appellants (plaintiffs) filed a suit for partition of property claiming it was ancestral/joint family property. The trial court dismissed the suit...

High Court

High Court of Bombay at Nagpur Dismisses Second Appeal in Brother's Property Dispute — Injunction Denied for Failure to Prove Possession After Partition. The court upheld concurrent findings that the plaintiff-appellant failed to prove his possession over the southern half of the suit land after partition, and thus no permanent injunction could be granted under Section 100 CPC.

11 Apr 2014

The dispute arose between two real brothers, Vishwanath (appellant/plaintiff) and Pandurang (respondent/defendant), over ancestral agricultural land b...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit, Upholding Concurrent Findings on Joint Family Property and Alienation. Court holds that a coparcener's alienation of joint family property without legal necessity is voidable, not void, and that the alienee is entitled to partition of the alienor's share.

6 Feb 2013

The case arises from a partition suit filed by the plaintiff, Vimlabai, seeking partition and separate possession of joint family properties. The tria...

High Court

Bombay High Court Allows Second Appeals in Partition Suit, Remands for Mesne Profits Inquiry Under Order 20 Rule 18 CPC. The court upheld the District Judge's order setting aside the trial court's execution order and remanding for inquiry into mesne profits.

30 Sep 2005

The case involves two second appeals arising from a common judgment of the District Court, Dadra & Nagar Haveli at Silvasa, in Misc. Civil Appeal No.1...

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