Search Results for "daughter's equal share"

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Search Results for "daughter's equal share"

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High Court

Bombay High Court Allows Daughter's Claim for Partition in Gond Community Ancestral Property — Burden on Defendants to Prove Custom Excluding Female Inheritance. The court held that under Section 2(2) of the Hindu Succession Act, 1956, the Act does not apply to Scheduled Tribes, and the burden to prove a custom excluding female inheritance lies on the party asserting it, which the defendants failed to discharge.

10 Oct 2025

The appellant, Sau. Barula w/o Namdeo Kodape, filed a second appeal against the judgment and order dated 18.07.2023 passed by the learned District Jud...

High Court

Bombay High Court Allows Amendment of Plaint in Pre-emption Suit Under Portuguese Civil Code — Right of Co-owner to Purchase Share Not Extinguished by Sale to Third Party. The court held that at the pre-trial stage, amendments to pleadings should be liberally allowed to determine the real controversy, and the trial court erred in dismissing the application under Order VI Rule 17 CPC.

7 Feb 2025

The petitioners, as co-owners of a suit property, filed a suit for declaration, specific performance, and injunction against the respondents, who are ...

Supreme Court

Supreme Court Upholds Cancellation of Appointments of Relatives of Selection Committee Members in Shiksha Karmi Grade-III Recruitment Due to Bias and Nepotism. The selection of close relatives by the selection committee members was held to be in violation of Section 40(C) and Section 100 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, and the appointments were rightly cancelled despite the appointees not being heard.

16 Apr 2024

The case pertains to the selection and appointment of Shiksha Karmi Grade-III in Janpad Panchayat Gaurihar, District Chhatarpur, Madhya Pradesh, in 19...

Supreme Court

Supreme Court Allows Civil Appeal in Partition Suit and Directs Moulding of Relief for Children of Deceased Propositus. The court held that admissions under Sections 17 and 18 of the Indian Evidence Act, 1872, constitute substantive evidence and entitle children through extended family to shares in the deceased's property, directing a preliminary decree for partition based on documentary evidence.

19 Jan 2024

The dispute arose from a partition suit filed by respondents 1 and 2 for separate possession of agricultural properties against respondents 3 and 4, w...

High Court

Bombay High Court Upholds Daughter's Right to Partition in Scheduled Tribe Family Based on Custom — Custom of Succession Among Bhil Tribe Recognized as Entitling Daughter to Father's Share

29 Nov 2018

The case involves a second appeal by the original defendants (Bhagga Damma Bhil and Shama Bhagga Bhil) against the judgment of the District Judge, Dhu...

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 Revision Against Rejection of Application to Set Aside Ex-Parte Decree in Suit for Declaration and Injunction. Delay of 13 Years Not Condoned as Applicants Failed to Show Sufficient Cause Under Order 9 Rule 13 CPC.

30 Nov -0001

The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge Senior Division, Khed...

High Court

Bombay High Court Dismisses Petition for Letters of Administration Due to Lack of Jurisdiction and Non-Compliance with Probate Requirements. Petitioner failed to establish that the deceased was domiciled in India and that the will was validly executed under Indian law.

30 Nov -0001

The petitioner, Hameed Jaffar Ahmed Ibrahim Mandeel, filed a Miscellaneous Petition under the Testamentary and Intestate Jurisdiction of the Bombay Hi...

High Court

Bombay High Court Allows Appeal in Succession Act Case — Will Proved in Manner Required by Law. Court holds that a will executed by a Muslim testator is governed by the Indian Succession Act, 1925, and must be proved in accordance with Section 63(c) and Section 68 of the Evidence Act, 1872.

30 Nov -0001

The case involves a first appeal against the judgment and decree of the Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 5 of 2000,...

High Court

Bombay High Court Dismisses Second Appeals in Property Suit, Upholds Concurrent Findings of Courts Below. Court holds that a co-owner cannot claim adverse possession against another co-owner unless there is clear ouster and hostile title asserted.

30 Nov -0001

The case involves a property dispute between two brothers, Gurudayalsing Bindra (original defendant, now represented by his legal representatives as a...

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