Search Results for "Hindu Joint Family Property"

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High Court of Karnataka Dismisses Partition Suit for Coparcenary Property Based on Pre-1956 Female Succession. Widow's acquisition of property under Hindu Women's Right to Property Act, 1937 is not a coparcenary asset but her absolute estate under Section 14(1) of Hindu Succession Act, 1956.

The appeal arises from a judgment and decree dated 28.08.2019 in O.S. No. 101/2015 passed by the Principal Senior Civil Judge and CJM, Bagalkot, partl...

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Bombay High Court Allows Second Appeal in Partition Suit — Reverses Concurrent Findings of Courts Below. Held that the plaintiffs failed to prove joint family property and that the suit was barred by limitation and res judicata.

The case involves a second appeal arising from a suit for partition and separate possession filed by the plaintiffs (respondents) against the defendan...

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High Court of Judicature at Bombay Reviews Appeals Against Temporary Injunction in Hindu Joint Family Partition Suit. Court Examines Whether a Coparcener Can Seek Injunction Against Other Coparceners Under Hindu Law and Order 39 Rules 1 and 2 CPC.

The appeals arose from an order dated 4 February 2022 passed by the 3rd Joint Civil Judge Senior Division, Sangli, allowing an application at Exhibit-...

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Bombay High Court Allows Partition Appeal for Widow Under Hindu Women's Right to Property Act, 1937 — Half Share Upheld Despite Pre-1956 Death. Court holds that Section 3(2) of the 1937 Act creates a widow's interest in her husband's property, which is not extinguished by subsequent events.

The case involves a second appeal by the legal representatives of the original plaintiff Chandrabai, who filed a suit for partition and separate posse...

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Supreme Court Dismisses Appeals in Partition Suit Involving Compromise Decree Validity. Dispute pertained to joint family properties and a compromise decree under Order XXIII Rule 3 of Code of Civil Procedure, 1908, with allegations of sham nature.

The Supreme Court of India heard two civil appeals arising from a Division Bench judgment of the Madras High Court dated 23.11.2011, which had dismiss...

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Supreme Court Allows Bank's Appeal in Evacuee Property Dispute, Holding Joint Family Firm Not Exempt from Vesting. Cash Deposit of Hindu Joint Family Firm Held to Be Evacuee Property, Vested in Pakistan Custodian, Extinguishing Bank's Liability under Private International Law.

The dispute arose from a cash credit account maintained by M/s. Ghamandi Ram Gurbax Rai, a joint Hindu family firm, with the Imperial Bank of India in...

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High Court of Karnataka Hears Appeal Against Decree for Rectification of Partition Deed in Brothers' Property Dispute. The Trial Court had Directed Execution of Rectification Deed and Permanent Injunction, Finding Existence of Joint Family and Error in Site Number.

The appeal arises from a suit for specific performance in the form of rectification of a partition deed and alternative partition, filed by one brothe...