Search Results for "Coparcenary Rights"

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Search Results for "Coparcenary Rights"

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Supreme Court

Supreme Court Allows Appeal in Specific Performance Suit — Karta's Authority to Sell Joint Hindu Family Property Upheld. The Court held that a Karta can execute an agreement to sell joint family property without consent of other coparceners if supported by legal necessity, and the absence of their signatures does not invalidate the transaction.

12 Oct 2021

The Supreme Court allowed the appeal filed by Beereddy Dasaratharami Reddy against the judgment of the Karnataka High Court which had dismissed his su...

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 Marumakkathayam Partition Suit — Thavazhi Property Cannot Be Alienated Without Consent. The Court affirmed that properties acquired by female descendants under Marumakkathayam law constitute thavazhi property, and any partition or alienation by some members without the consent of all is void.

22 Nov 2024

The present appeal arises from a suit for partition filed by the plaintiffs (respondents herein) against the defendants (appellants) before the Addl. ...

Supreme Court

Supreme Court Allows Appeal in Maharashtra Land Ceiling Case — Partition Deed Prior to Cut-off Date Not Ignored Under Section 11 of Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. Registered Partition Deed Dated 31.01.1970 Held Valid as It Was Executed Before 26.09.1970, Not Deemed to Avoid Ceiling Laws.

19 Feb 2020

The appeal arose from a difference of opinion between two judges of the Supreme Court regarding the validity of a partition deed dated 31.01.1970 exec...

High Court

High Court of Karnataka Upholds Constitutional Validity of Explanation to Section 6(5) of Hindu Succession (Amendment) Act, 2005 — Partition by Execution of Registered Deed or Court Decree Held Valid. The Explanation defining 'partition' as only by registered deed or court decree is not arbitrary or violative of Articles 14, 15, or 21 of the Constitution.

19 Feb 2015

The petitioners, legal representatives of the deceased original petitioner, filed a writ petition under Articles 226 and 227 of the Constitution of In...

High Court

Karnataka High Court Refers Rival Will Claims to Trial Court in Suit for Partition Under Section 96 of Code of Civil Procedure, 1908. The Court Ordered Enquiry to Determine Legal Representatives of Deceased Plaintiff Pending Appeal Against Preliminary Partition Decree.

16 Jan 2025

The dispute originated as a suit for partition of joint family properties filed by the daughters of late Venkatarayappa (plaintiffs 1-3) and the widow...

Supreme Court

Supreme Court Allows Partition Appeal and Remands for Fresh Consideration of Cross-objection. High Court's dismissal of cross-objection without merits set aside; matter remanded for adjudication of partition claims.

15 Jan 2020

The case involves a partition suit filed by the respondents (original plaintiffs) in O.S. No.73 of 2004 before the Additional Civil Judge, Hubli, seek...

High Court

Madras High Court Partly Allows Partition Appeal by Widow and Daughter, Upholds 1/4th Share in Ancestral Property but Denies Share in Settled Properties. Court holds that properties settled by grandmother on specific donees are not part of the coparcenary and cannot be claimed by legal heirs of deceased son.

8 Jun 2026

The plaintiffs, Vijaya (wife) and Harini Priya (daughter) of deceased Deivasigamani, filed a suit for partition claiming 1/4th share in 'A' schedule p...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Relinquishment Deed Without Consideration Not Binding. Family arrangement without consideration does not estop a coparcener from claiming partition of joint family properties.

25 Feb 2005

This Second Appeal arises from a suit for partition and possession filed by the respondent (original plaintiff) against the appellant (original defend...

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