Search Results for "absolute estate"

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High Court of Karnataka Allows Second Appeal in Property Dispute Between Husband and Wife — Sale Deed by Wife Upheld as Valid. The court held that a Hindu wife has an independent right to alienate her share of property and that a child marriage does not automatically invalidate a subsequent sale.

The respondent, Mallayya, filed a civil suit (O.S. No.127/1994) seeking a declaration that he was the owner of land bearing Survey No.94/2B measuring ...

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Bombay High Court Dismisses Widow's Claim Over Shares in Favor of Nominee Under Section 109A Companies Act — Nomination Confers Beneficial Ownership on Nominee to the Exclusion of Legal Heirs

The plaintiff, Harsha Nitin Kokate, married Nitin Kokate on 3 December 2004. Her husband expired on 5 July 2007. Nitin Kokate held shares in a demat a...

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Bombay High Court Allows Second Appeal in Partition Suit — Adoption and Hindu Succession Rights Upheld. Plaintiff's 1/2 share in suit properties declared, sale deeds by adopted son held not binding on adoptive mother.

The original plaintiff, Housabai, filed a suit for partition and separate possession of suit lands, claiming a 1/2 share as the widow of her husband w...

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High Court of Karnataka Quashes Trial Court Order in Succession Case for Lack of Jurisdiction to Reopen Probate Proceedings. Letters of Administration cannot be revoked under Section 263 of the Indian Succession Act, 1925 without a properly instituted petition and notice to all parties.

The petitioner, Smt. Gajalakshmi, sought Letters of Administration in respect of the last will and testament of her paternal uncle, Radhakrishna Reddy...

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Bombay High Court Dismisses Petition Challenging Impleadment of Brothers as Legal Representatives in Specific Performance Suit. Definition of 'Legal Representative' Under Section 2(11) CPC Includes Persons Who Intermeddle with Estate or on Whom Estate Devolves, Not Limited to Class I Heirs.

The petitioners, original defendants in Special Civil Suit No. 41 of 2010, challenged the trial court's order dated 01.12.2014 allowing an application...

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Bombay High Court Allows Amendment in Administration Suit to Implead Strangers and Challenge Alienations. Court Holds that Administration Suit Can Determine Validity of Deceased's Alienations and Implead Strangers if Circumstances Warrant.

The plaintiff filed a suit for administration of the estate of his deceased parents, who passed away on 18 March 2002 and 28 December 2004 respectivel...