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CIVIL REVISION APPLICATION NO. 427 OF 2009

The case concerns eviction proceedings initiated by the Life Insurance Corporation of India (LIC) against the occupant, Niloufer Marshall, in respect ...

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Supreme Court Upholds Preferential Right of Heir Under Section 22 of Hindu Succession Act in Agricultural Land Dispute. Section 22 Applies to Agricultural Land as Succession is a Concurrent Subject and Section 4(2) Omission Confirms Uniform Application.

The appeal arose from a dispute between two brothers, Santokh Singh and Nathu Ram, who inherited agricultural land from their father. An arrangement f...

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Bombay High Court Full Bench Interprets Prospective vs. Retrospective Operation of Amended Section 6 of Hindu Succession Act in Second Appeals. Court Examines Coparcenary Rights of Daughters Born Before and After 2005 Amendment and Whether Division Bench Decision Is Per Incuriam.

This matter came before a Full Bench of the Bombay High Court upon a reference by a learned Single Judge (R.G. Ketkar, J.) who doubted the correctness...

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Supreme Court Allows Appeal in Property Dispute Over Coparcenary Rights and Validity of Sale Deeds. The Court held that property inherited under Mitakshara law remains coparcenary, and a coparcener by birth can challenge alienations without legal necessity.

The present civil appeal arises from a property dispute concerning agricultural land in Village Khangarh, District Ferozepur, Punjab. The appellant, A...

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Supreme Court Allows Daughters' Partition Suit: Res Judicata Bars Second Rejection Application Under Order VII Rule 11 CPC. Daughters as Class I heirs under Section 8 of Hindu Succession Act can maintain partition suit despite prior partition, and Section 6(5) is not a jurisdictional bar.

The appeal arises from a suit for partition filed by three daughters of a Hindu male who died intestate on 06.03.1985. The propositus was survived by ...

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High Court of Karnataka Dismisses Writ Appeals in Property Dispute Among Siblings — Upholds Single Judge Order Directing Status Quo and Appointment of Receiver. Court holds that disputes over joint family property and allegations of ouster require preservation of property pending final adjudication.

The present writ appeals arise out of a property dispute among siblings, being children of late P.R. Pallikondan. The appellant, Sri R.P. Krishnamurth...

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Bombay High Court Frames Preliminary Issue of Limitation in Partition Suit Over Property Bequeathed by Will. Plaintiffs Claim Share in Villa Bemvinda and Challenge Development Agreement After Probate Was Granted and Revocation Petition Dismissed.

The dispute arose over Villa Bemvinda, a property in Bandra, Mumbai, originally owned by Andrew D'Cunha. He executed a will on 20.2.1971 bequeathing t...