Search Results for "legal succession"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...
Supreme Court Allows Agriculturists' Appeal for Enhanced Compensation; Condones ...

Search Results for "legal succession"

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High Court

Bombay High Court Allows Appeal and Remands Land Acquisition Reference for Parity in Compensation — Presumption of Death Under Section 110 of BSA Act Clarified. The Court held that the principle of parity requires consistent compensation for similarly situated landowners and that legal representatives need not produce a succession certificate when relationship is undisputed.

8 Aug 2024

The case arises from a first appeal filed by the legal representatives of the original claimant, Savitribai Ambagade, against the judgment and award d...

High Court

Bombay High Court Dismisses Appeals in Partition Suit — Upholds Finding That Properties Were Self-Acquired. Daughters Granted Equal 1/6th Share Under Hindu Succession Act, 1956 as Father Died Intestate.

14 Jun 2024

The case involves a partition suit filed by three daughters (Plaintiffs) against their brother (Defendant No.1) and others, seeking a share in propert...

High Court

High Court of Karnataka Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that the second appellate court cannot re-appreciate evidence unless there is a perverse finding or substantial question of law under Section 100 of CPC.

16 Feb 2024

The appellant, who was the defendant in the original suit, filed a second appeal under Section 100 of the Code of Civil Procedure, 1908, challenging t...

High Court

High Court of Karnataka Allows Partition Appeal in Family Property Dispute — Rejects Adverse Possession Claim by Co-owner. Court holds that a co-owner in possession cannot claim adverse possession against another co-owner unless there is ouster or denial of title, and that a preliminary decree for partition can be passed even if some properties are not available for division.

12 Nov 2021

The case involves a Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 30.11.2015...

Supreme Court

Supreme Court Dismisses Appeal in Will Dispute — Upholds High Court's Finding of Non-Genuine Will Due to Suspicious Circumstances. The court affirmed that the propounder of a Will must dispel all suspicious circumstances, and the High Court's reversal of the Trial Court's decree was justified based on inconsistencies in evidence.

24 Apr 2020

The case involves a civil appeal by the plaintiffs-appellants against the High Court of Karnataka's judgment dated 26.10.2007, which reversed the Tria...

High Court

Bombay High Court Dismisses Sons' Appeal in Gond Tribal Inheritance Dispute. Daughters of deceased Gond father held entitled to equal share in intestate property under Hindu Succession Act, 1956, as alleged customary exclusion of daughters was not proved.

4 Jan 2019

The case involves a dispute between brothers and sisters belonging to the Gond tribe over the inheritance of their deceased father Bapurao Kodape's pr...

High Court

Bombay High Court Dismisses Civil Revision Against Grant of Succession Certificate to Both Claimed Wife and Children of Deceased; Recognizes Registration Certificate and Cohabitation as Adequate Proof of Marriage. The High Court held that the First Appellate Court’s decision to issue succession certificate under Section 372 of Indian Succession Act, 1925, based on marriage registration and cohabitation evidence, was a possible view not warranting interference under Section 115 CPC.

10 Jul 2017

The litigation arose from an application under Section 372 of the Indian Succession Act, 1925 filed by the respondent, Smt. Lata, claiming to be the w...

High Court

Bombay High Court Dismisses Originating Summons for Partition of HUF Property — Plaintiffs Fail to Establish Exclusive Ownership of Mazgaon Property. Court holds that property sold in 2007 was HUF property and proceeds were distributed among all coparceners, including daughters, under Hindu Succession Act, 1956.

27 Feb 2017

The case concerns an Originating Summons filed by Kishore Morarji Bhojraj and Ramesh Morarji Shah (Plaintiffs) against Jaya Hiranchand Karani, Anju Kr...

High Court

Karnataka High Court Allows Appeal in Partition Suit — Property Acquired by Father-in-Law Not Joint Family Property. Daughter-in-law cannot claim share in property purchased by father-in-law in name of son as it is not ancestral or joint family property under Hindu Succession Act, 1956.

7 Jun 2013

The case involves a Regular First Appeal filed by the second defendant against the judgment and decree of the trial court in a partition suit. The pla...

Supreme Court

Supreme Court Dismisses Appeal of Sons against Decree Restoring Half Share in Ancestral Land – Customary Law Bars Female Heirs from Taking Advantage of Declaratory Decree Under Punjab Custom (Power to Contest) Act, 1920, Despite Hindu Succession Act, 1956. The Court Examined Whether the Hindu Succession Act Overrode the Customary Competence Requirement, and the Scope of Appellate Power Under Order 41 Rule 33 CPC.

11 Mar 1969

The dispute arose from an ancestral land alienation made by a Hindu Jat, J, in 1916 without legal necessity, governed by Punjab Customary Laws which b...

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