Search Results for "Hindu Succession Amendment Act 2005"

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Search Results for "Hindu Succession Amendment Act 2005"

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High Court

Madras High Court Modifies Preliminary Decree in Partition Suit, Applies Vineetha Sharma Principles Under Hindu Succession Act. Daughter Entitled to 1/9 Share as Coparcener Under Central Act 39 of 2005, Irrespective of Father's Death Before 2005 and Regardless of Date of Marriage.

14 Jul 2026

The judgment arises from a first appeal under Section 96 of the Code of Civil Procedure, 1908, challenging the preliminary decree dated 25.02.2016 pas...

High Court

High Court of Karnataka Allows Partition Appeal in Hindu Succession Act Case — Mother Granted 1/4th Share in Joint Family Property. Court held that a mother is entitled to equal share with her sons in the property of her deceased son under Section 8 of the Hindu Succession Act, 1956, and that the property was not ancestral but self-acquired.

13 Jun 2025

The appellant, Venkubai, mother of the deceased Ravindra Shanbhag, filed a Regular First Appeal against the judgment and decree dated 03.03.2016 passe...

High Court

High Court of Karnataka Dismisses Appeal in Partition Suit — Daughters Cannot Claim Share in Coparcenary Property Allotted to Father Before 20th December 2004. The Hindu Succession (Amendment) Act, 2005 is prospective and does not affect partitions effected prior to the amendment.

27 Jan 2025

The case involves a Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) against the judgment and decree dated...

High Court

High Court of Karnataka Dismisses Appeals in Partition Suit, Upholds Daughters' Right to Equal Share in Joint Family Property. The court held that daughters are coparceners under Section 6 of Hindu Succession Act, 1956, and the suit for partition is not barred by limitation.

9 Oct 2023

The case involves two Regular First Appeals filed against the judgment and decree dated 22.04.2016 in O.S.No.173/2011 passed by the Principal Senior C...

High Court

Karnataka High Court Partially Allows Appeal in Partition Suit Involving Joint Family Property — Daughters Granted Equal Share as Sons Under Hindu Succession Act, 1956. The court held that the 2005 amendment to Section 6 of the Hindu Succession Act, 1956, granting daughters coparcenary rights, applies retrospectively to pending suits, and daughters are entitled to equal share in joint family property.

10 Oct 2019

The case involves a partition suit filed by the respondents (plaintiffs) against the appellants (defendants) seeking partition and separate possession...

High Court

Bombay High Court Dismisses Appeal Against Probate Grant in Will Execution Dispute — No Suspicious Circumstances Found. The court upheld the probate of a Will executed by the testator in favor of his brothers, rejecting claims of suspicious circumstances under Section 63 of the Indian Succession Act, 1925.

11 Jan 2019

The case involves an appeal against the grant of probate of a Will executed by the late Narrottam Sahgal. The appellants, who are the legal heirs of t...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Prove Execution. Court finds that the Will and Codicil were not proved in accordance with Section 63 of the Indian Succession Act, 1925, and Section 68 of the Indian Evidence Act, 1872, due to lack of attesting witnesses and suspicious circumstances surrounding the documents.

22 Feb 2018

The judgment concerns two connected matters: a Miscellaneous Petition (No. 39 of 2004) and a Testamentary Suit (No. 4 of 2005), both relating to the e...

High Court

Bombay High Court Dismisses Probate Petition for Will and Codicil of Dr. Bharati Nanavati Due to Suspicious Circumstances and Failure to Dispel Doubts. Court holds that propounders must prove due execution and testamentary capacity beyond suspicion, and failure to examine attesting witnesses or explain unnatural bequests leads to rejection of probate.

22 Feb 2018

The judgment concerns two testamentary proceedings: a Miscellaneous Petition No. 39 of 2004 in Testamentary Petition No. 233 of 2004 and a Testamentar...

High Court

High Court of Karnataka Quashes Order Reducing Share in Final Decree Proceedings — Trial Court Exceeded Jurisdiction by Modifying Preliminary Decree in FDP Without Appeal. Modification of shares in final decree proceedings without appeal against preliminary decree is without jurisdiction under Section 151 CPC.

28 Sep 2015

The petitioner, Smt. Cheekanda Pushparatna Chengappa, filed a suit (O.S.No.26/2010) for partition against the respondents, which was decreed on 01.10....

High Court

Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife.

23 Dec 2014

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which gr...

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