Search Results for "Hindu Joint Family Property"

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Search Results for "Hindu Joint Family Property"

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High Court

Bombay High Court Allows Second Appeal in Property Dispute Between Siblings — Daughter Held Entitled to Share in Ancestral Property Under Hindu Succession Act, 1956. Court clarifies that daughter's right to inherit from father dying in 1944 is governed by the Hindu Succession Act, 1956, and not by pre-1956 customary law, as the Act applies retrospectively for succession opening after its commencement.

1 Apr 2019

The case involves a dispute between a brother (defendant/appellant) and his sister (plaintiff/respondent) over ancestral agricultural land. Their fath...

High Court

Bombay High Court Dismisses Daughter's Claim for Inheritance in Father's Property Dying Prior to 1956 Leaving Widow — Daughter Has No Right Under Hindu Women's Right to Property Act, 1937. The court held that under the Act of 1937, the widow alone inherits the separate property of her husband to the exclusion of the daughter, and the daughter cannot claim any right by inheritance when the father died before the Hindu Succession Act, 1956.

12 Nov 2024

The judgment concerns three second appeals referred to a Division Bench of the Bombay High Court to answer a substantial question of law regarding a d...

High Court

High Court of Karnataka Allows Partition Appeal by Son in Ancestral Property Dispute — Daughters' Claim for Partition Upheld as Coparcenary Property Includes Daughters Under Hindu Succession Act, 1956. The court affirmed that daughters are coparceners by birth and entitled to equal share in ancestral property, rejecting the brother's claim of adverse possession.

17 Dec 2019

The case involves a Regular First Appeal filed by the second defendant in a partition suit (O.S.No.13/2011) before the Senior Civil Judge, Bhalki. The...

High Court

Bombay High Court Dismisses Appeal in Property Dispute Between Siblings. Conversion to Islam Does Not Disqualify Daughter from Inheriting Hindu Father's Intestate Property Under Hindu Succession Act, 1956.

6 Mar 2018

The case involves an appeal from an order in a suit filed by the respondent/plaintiff, Nazneen Khalid Qureshi, against her brother, the appellant/defe...

Supreme Court

Supreme Court Upholds Decree for Specific Performance of Agreement to Sell Joint Hindu Family Property by Karta. Readiness and Willingness of Plaintiff to Perform Contract is a Finding of Fact Binding on Appellate Courts.

28 Jan 2019

The Supreme Court dismissed the appeal filed by the defendants (legal representatives of the original defendant No.1 and defendant Nos. 2 and 3) again...

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Confirms That Lands Belonging to Defendant No. 5 Are Her Absolute Property Not Subject to Partition. The Court upholds the concurrent findings of the lower courts that the plaintiff failed to prove that the three disputed lands were ancestral joint family properties.

16 Apr 2014

The case involves a second appeal filed by the original plaintiff (now represented by legal heirs) against the judgment and decree of the Regular Civi...

High Court

High Court of Karnataka Delivers Judgment in Regular First Appeal Challenging Trial Court's Decree for Partition and Revocation of Partition Deed. The Appellate Court Considered Whether Daughters Married Before Hindu Succession (Karnataka Amendment) Act, 1990, are Entitled to a Share in Ancestral Properties.

4 Dec 2024

The matter concerned a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, filed by defendant No.3, challenging the judgment a...

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...

High Court

Bombay High Court Dismisses Pre-emption Claim Under Section 22 of Hindu Succession Act, 1956 — Testamentary Succession Bars Intestate Right. Property Devolution by Will Excludes Statutory Right of Pre-emption as Section 22 Applies Only to Intestate Property.

25 Oct 2024

The case involves a dispute over a suit property (Plot No.21, Laxmi Nagar, Nagpur) originally purchased by late Kashinath Subhedar in the name of his ...

High Court

Bombay High Court Allows Second Appeals in Property Dispute — Sale Deeds by Coparcener Without Legal Necessity Set Aside. Court holds that a coparcener cannot alienate joint family property without legal necessity or benefit to the estate, and that the burden of proof lies on the alienee to show necessity.

11 Nov 2013

The case involves two second appeals arising from Regular Civil Suit No. 232 of 1983 and Regular Civil Suit No. 74 of 1986, both filed by the appellan...

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