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Bombay High Court at Goa Dismisses Appeal Challenging Declaration of Partition Deed as Null and Void. Partition Deed Executed Without Consent of All Co-Owners and Without Legal Necessity is Void Under Transfer of Property Act, 1882 and Specific Relief Act, 1963.

The case involves a family property dispute among the heirs of Hyder Kassim Khan. The plaintiffs, including the widow and son of one of the brothers, ...

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High Court of Karnataka Allows Daughters' Partition Suit Against Alienation by Father — Sale Deed Set Aside as Not Binding on Coparcenary. Daughters are coparceners by birth under Section 6 of Hindu Succession Act, 1956, and alienation without legal necessity is invalid.

The appellants, three daughters of Mallikarjuna Balikai, filed a suit for partition and separate possession of suit properties and for a declaration t...

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Karnataka High Court Allows Appeal in Adoption and Partition Dispute — Gift Deed by Widow Without Legal Necessity Set Aside. Adopted Son's Right to Inherit from Adoptive Father Upheld Under Hindu Succession Act, 1956 and Hindu Adoption and Maintenance Act, 1956.

The appellant, M.S. Shekharappa, filed a suit (O.S. No. 6/2002) seeking a declaration that he is the successor to the estate and liabilities of his ad...

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Bombay High Court Dismisses Second Appeal in Property Dispute Over Legal Necessity Issue. Failure to Frame Issue on Legal Necessity Does Not Vitiate Trial When Parties Had Opportunity to Lead Evidence.

The case involves a second appeal filed by the plaintiffs (appellants) against the judgment of the First Appellate Court which confirmed the trial cou...

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Bombay High Court Upholds Sale of Coparcenary Property by Karta for Legal Necessity in Partition Suit. Sale by father for antecedent debt and legal necessity is binding on sons under Hindu law, and purchaser's title is protected.

The case involves a second appeal filed by the original plaintiffs (sons and wife of defendant No.1) against the judgment of the Additional District J...

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Bombay High Court Allows Landlord's Eviction Suit Under Bombay Rent Act, Stays Execution Till Death of Widow Tenant. Court Holds Landlord's Need for Additional Accommodation Bonafide and Reasonable, Not Requiring Dire Necessity Under Section 13(1)(g) of Bombay Rent Act, 1947.

The petitioner-landlord filed a writ petition under Article 227 of the Constitution of India challenging the concurrent findings of the lower courts w...