Search Results for "Partition deed"

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High Court of Madras Dismisses First Appeal and Upholds Preliminary Decree for Partition; Will Propounded by Defendant Found Not Proved Under Section 63 of Indian Succession Act and Section 68 of Evidence Act.

The case arose from a suit for partition filed by the respondent/plaintiff, claiming a half share in the suit property. The property originally belong...

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High Court of Karnataka Considers Validity of Will in Partition Appeal After Handwriting Expert Finds Signatures Not of Testator. Appeal Challenges Trial Court’s Dismissal of Suit for Intestate Partition Based on Unproven Will Under Indian Succession Act.

The appeal arose from the judgment and decree dated 8.10.2009 passed by the Civil Judge (Sr.Dn.) and ACJM, Karkala, in O.S.No.134/2006, dismissing a s...

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Bombay High Court Adjudges Writ Petition in Civil Suit Alleging Advocate's Fraud. Withdrawal of Suit Without Plaintiff's Instructions Examined Under Order XXIII, Rule 1 of Code of Civil Procedure, 1908

The petitioner entered into an agreement of sale dated 6.7.2005 for purchase of agricultural land from respondent nos. 2 and 3 for Rs.15,00,000/-, pay...

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Supreme Court Dismisses Appeal in Letters of Administration Case Under Indian Succession Act, 1925. The court upheld concurrent findings that the will was genuine and properly proved, rejecting arguments based on delay and inapplicability of presumption under Section 90 of the Evidence Act, 1872.

The appeal arose from a judgment of the Calcutta High Court affirming a trial court decree granting letters of administration under Section 278 of the...

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Bombay High Court Allows Second Appeal in Property Suit — Appellants Held Entitled to Possession Based on Prior Possessory Title. Adverse Possession Claim by Respondents Failed as They Were Licensees, Not Adverse Possessors.

The present second appeal arises from a judgment and order dated 2.11.1998 passed by the Additional District Judge, Chandrapur, dismissing the appella...

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Bombay High Court Allows Second Appeal in Partition Suit, Upholds Gift Deed as Valid. Lower Appellate Court's Reversal Based on Suspicious Circumstances Set Aside as Gift Deed Was Registered and Executed by Owner of Self-Acquired Property.

The case involves a partition suit concerning agricultural lands and a house property. The original owner, Damduji, executed a registered gift deed da...

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Bombay High Court Dismisses Second Appeals in Property Dispute, Upholds Concurrent Findings of Fact. Court holds that no substantial question of law arises under Section 100 CPC when findings are based on appreciation of evidence and not perverse.

The case involves two second appeals arising from a property dispute between the legal heirs of Madhavrao Ramchandra More (appellants in SA/66/2003 an...

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Karnataka High Court Dismisses Contempt Petition for Lack of Willful Disobedience of Interim Order in RSA. Court holds that mere violation of an order without proof of willful and deliberate disobedience does not constitute contempt under Sections 11 and 12 of the Contempt of Courts Act, 1971.

The present contempt petition was filed by the complainants under Sections 11 and 12 of the Contempt of Courts Act, 1971, alleging that the accused-co...

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Bombay High Court Allows Second Appeal in Will Dispute, Restores Trial Court's Finding of Valid Will. Exclusion of Son from Inheritance Not Suspicious Where Testator Had Self-Acquired Property and Beneficiary Explained Circumstances.

The case involves a dispute over the validity of a Will executed by late Govindrao Ganpatrao Chimurkar, who died on 29.11.2002. The suit properties we...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Joint Family Property Character Upheld Despite Sale by Sole Surviving Coparcener. Adoption Does Not Convert Joint Family Property into Self-Acquired Property; Purchaser Fails to Prove Bonafide Purchase Without Notice.

The case involves a second appeal arising from a suit for partition filed by Respondent Nos.1 to 3 (original Plaintiffs) against Respondent No.4 (Sidh...