Search Results for "Hindu family partition"

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Search Results for "Hindu family partition"

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High Court

Bombay High Court Dismisses Appeal Against Refusal of Injunction in Family Property Dispute. Court holds that properties brought into partnership become partnership assets, not joint family property, and appellants failed to establish prima facie case for injunction.

28 Jun 2017

The dispute in this case arises between family members over properties originally owned by Ganpat Sutar. The appellants, who are the widow and childre...

High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Concurrent Findings of Courts Below Upheld. No Substantial Question of Law Arises Under Section 100 CPC as Courts Below Correctly Appreciated Evidence and Held Plaintiffs Failed to Prove Joint Family Property.

4 Sep 2015

The appellants, who were the plaintiffs in a partition suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, against the...

High Court

Bombay High Court Dismisses Suit for Possession Under Section 6 of Specific Relief Act, 1963 — Plaintiffs Failed to Prove Prior Possession and Dispossession Within Six Months. Court Held That Summary Suit Under Section 6 Cannot Be Used to Decide Title and Requires Strict Proof of Possession and Unlawful Dispossession.

4 May 2012

The plaintiffs, including Amod Nandkishore Mehra and others, filed a suit under Section 6 of the Specific Relief Act, 1963, seeking restoration of pos...

High Court

High Court of Karnataka Allows Appeal in Property Dispute — Sale Deed by Husband Without Wife's Consent Declared Void. Gift Deed by Subsequent Transferee Also Set Aside as Property Was Coparcenary Asset and Sale Was Without Legal Necessity.

17 Mar 2015

The case involves a Regular First Appeal filed by the plaintiff, Smt. Sharadamma, and her son B.S.Shivaprasad Aradya, against the judgment and decree ...

High Court

High Court of Karnataka Considers Appeal Against Decree Declaring Sale Deed and Gift Deed Void in Property Dispute Involving KHB Lease-Cum-Sale Allotment. Court Examines Whether Subsequent Absolute Sale Deed by Housing Board Enures to Benefit of Transferee Under Section 43 of Transfer of Property Act, 1882.

17 Mar 2015

The litigation arose out of a dispute over a residential property allotted on lease-cum-sale basis by the Karnataka Housing Board (KHB) to S. Ranoji R...

High Court

High Court Dismisses Second Appeal Challenging Limitation in Sale Deed Challenge; Suit for Declaration of Sale Deed as Null and Void Found Time-Barred Under Article 60 of Limitation Act, 1963 as Plaintiff Failed to File Within Three Years of Attaining Majority

12 Jul 2013

The plaintiff filed a suit in 1999 seeking a declaration that a sale deed executed by his parents in 1989 in favour of the defendants was null and voi...

High Court

High Court of Karnataka Quashes Mutation Orders in Favor of Daughter in Succession Dispute — Mutation Entries Do Not Confer Title and Must Be Based on Possession or Legal Right. The court held that revenue authorities must consider actual possession and validity of documents before ordering mutation under the Karnataka Land Revenue Act, 1964.

14 Nov 2018

The petitioner, N.D. Vanamala, a widow, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...

High Court

High Court of Karnataka Allows Second Appeal in Execution Petition — Limitation for Appeal Under Section 100 CPC Not Applicable to Orders Under Order 21 Rule 32 CPC. First Appellate Court Directed to Consider Condonation of Delay Application on Merits Before Dismissing Appeal as Time-Barred.

17 Jul 2013

This second appeal was filed by the decree-holder in HRC 4/78 against the rejection of his execution petition in Exn.P.162/90 and the judgment of the ...

High Court

Bombay High Court Allows Second Appeal in Property Dispute, Sets Aside First Appellate Court's Decree for Non-Compliance with Order 8 Rule 10 CPC and Abatement of Appeal. The court held that the first appellate court failed to assign reasons for reversing the trial court's findings and that the appeal abated due to non-joinder of legal representatives of deceased defendants.

9 Aug 2019

The dispute pertains to ancestral joint family property originally owned by Rau Salunkhe, who had two sons, Bapu and Bajrang. The respondent No.1, Sun...

High Court

Bombay High Court Allows Appeal in Property Dispute Involving Will and Gift Deed Validity — Execution of Gift Deed by Minor and Subsequent Will Found Invalid Due to Lack of Testamentary Capacity and Undue Influence. The court held that a gift deed executed by a minor is void ab initio under the Portuguese Civil Code, and a will executed under undue influence is invalid.

11 Mar 2015

The case involves a property dispute in Goa concerning the estate of one Joao Fernandes. The appellant, Sqn. Ldr. A. P. Fernandes, challenged a gift d...

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