Search Results for "Coparceners"

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Search Results for "Coparceners"

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High Court

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Purchasers' Rights Not Affected by Prior Decree. The court held that a consent decree in a previous suit does not bind purchasers who were not parties to that suit, and the suit for partition was maintainable as the property was joint family property.

1 Feb 2022

The case involves a second appeal filed by defendants 4 and 5, who were purchasers of the property, against the judgment and decree in R.A. No. 04/201...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

High Court

Bombay High Court Grants Injunction Against Alienation of Property in Will Dispute Between Son and Father. Son, as sole beneficiary under mother's will, entitled to interim protection of estate pending administration.

18 Jan 2014

The plaintiff, Uday Narendra Shah, filed a suit seeking administration of the estate of his deceased mother, Jayamati Narendra Shah, who died on 10 Ju...

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

High Court of Karnataka Dismisses Second Appeal in Partition Suit — Upholds Exclusion of 16 Acres from Partition. Court holds that suit for partition of property in exclusive possession of co-owner for over 12 years is barred by limitation under Article 65 of Limitation Act, 1963.

20 Oct 2022

The appellants, plaintiffs in the original suit, filed a suit for partition of suit properties including 16 acres of land in Sy.No.703. The trial cour...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

Supreme Court

Supreme Court Dismisses Appeal in Benami Property Dispute Under Benami Transaction (Prohibition) Act, 1988. Plaintiffs Failed to Prove Property Was Held for Benefit of Hindu Undivided Family Coparceners Under Section 4(3)(a), Making Suit Barred Under Section 4(1).

5 Sep 2022

The dispute originated from a civil suit filed by Laxmi Prasad, his wife, and two daughters against his two sons and subsequent purchasers, seeking de...

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 Allows Leave to Omit Relief in Partition Suit Under Order 2 Rule 2(3) CPC — Trial Court Erred in Considering Merits of Partition Claim at Leave Stage. The court held that the question of whether the petitioners are coparceners or entitled to partition is irrelevant for deciding an application under Order 2 Rule 2(3) CPC.

8 Jan 2018

The petitioners, Smt. Nikita Manohar More and Ms. Priyanka Baban Patil, filed a Writ Petition under Article 227 of the Constitution of India challengi...

High Court

Bombay High Court Dismisses Second Appeals in Property Dispute Over Sale Deed Validity — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. Court Held That No Substantial Question of Law Arises When Findings Are Based on Appreciation of Evidence and Are Not Perverse.

5 May 2014

The case involves two second appeals arising from a property dispute. The appellants, Rambhau Maroti Fating and others, and M/s L.G. Developers & Buil...

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