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High Court of Bombay at Nagpur Dismisses Second Appeal in Property Dispute Over Gift Deed and Partition. Family Settlement of 1953 Held Valid Despite Non-Registration, and Gift by Widow to Grandson Upheld as Binding on Heirs.

The dispute pertains to properties originally owned by Balaji, who died intestate in 1932. His widow Laxmibai and three sons Harihar, Keshao, and Krus...

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Court Rejects Caveat in Probate Case Involving Family Property Dispute. Caveator's claim deemed contingent and insufficient to establish caveatable interest, clearing the way for Probate of Will.

The petitioner seeks to reject a Caveat filed by Mr. Pramod Kumar Makharia in the matter of granting Probate for the Will of the deceased Dhruva Kumar...

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Supreme Court Quashes Conviction in SC/ST Act Case Based on Compromise Between Parties. Court Invoked Article 142 Powers to Override Non-Compoundability Under Section 320 Cr.P.C., Holding That Genuine Settlement in Private Dispute Warrants Quashing When Appeal is Pending.

The dispute originated from a property conflict between neighbors, Ramawatar and Prembai, which escalated into an incident on June 26, 1994, where Ram...

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Supreme Court Allows Appeal in Family Property Dispute Over Compromise Decree Registration. Compromise Decree Arising from Family Settlement Does Not Require Compulsory Registration Under Section 17(2)(vi) of Registration Act, 1908, as Parties Had Pre-existing Rights as Heirs.

The dispute involved two sons of late Vijendra Singh contesting ownership of ancestral land. The appellant filed a suit for possession in 1978, disput...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Bombay High Court Dismisses Second Appeal in Property Suit — Upholds Concurrent Findings on Title and Adverse Possession. Court holds that dismissal of restitution application under Section 144(1) CPC does not bar a fresh suit for possession based on independent title.

The case involves a property dispute over a house and land at Survey No. 123, Block No. 276, village Atyal, taluka Gadhinglaj. The respondents (origin...

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High Court of Karnataka Allows Second Appeal in Partition Suit — Reopening of Partition Permitted Due to Non-Inclusion of Joint Family Property. The Court held that a prior partition decree not binding on the plaintiff as she was not a party and the property was joint family property.

The appellant, Monakka Shinde, filed a suit (O.S. 370/2004) for reopening of partition, declaration, and injunction against her sons, Maruti Shinde an...

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Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Failure to Consider Retraction of Statement and Delay of Over 11 Months in Passing Order Vitiate Subjective Satisfaction Under Section 3(1)(i) of COFEPOSA Act, 1976.

The petitioner, Gaurav Kanak Jain, challenged a detention order dated 21st November 2016 passed under Section 3(1)(i) of the Conservation of Foreign E...

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Bombay High Court Dismisses Appeal by Daughter Claiming Prior Partition, Upholds Sale Deed Executed by Widow in Favour of Other Daughter. Widow's Absolute Ownership Under Section 14(1) of Hindu Succession Act, 1956 Validly Transferred Title to Purchaser Daughter.

The dispute concerns agricultural land and a house originally owned by Eknath, who died in 1953 leaving behind his widow Salubai and two daughters, Ch...