Search Results for "Mulla's Hindu Law"

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Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

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Bombay High Court Considers Challenge to Interim Injunction Restraining Alienation of Ancestral Property by Gift Deeds. Key Question Involves Whether Notional Partition Under Section 6 of Hindu Succession Act, 1956 Terminated Coparcenary and Made Gift of Undivided Interest Valid.

The petitioners, who were defendants in a civil suit, invoked the writ jurisdiction of the High Court of Judicature at Bombay to challenge concurrent ...

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High Court of Karnataka Allows Daughter's Maintenance Claim Under Section 125 CrPC Against Father Despite Muslim Personal Law. The court held that Section 125 CrPC overrides personal law and a major unmarried daughter unable to maintain herself is entitled to maintenance from her father.

The petitioner, Meharunnisa, an unmarried major Muslim daughter, filed a petition under Section 482 CrPC challenging the order of the Fast Track Court...

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Supreme Court Quashes Criminal Proceedings in Stridhan Case Due to Lack of Locus Standi and Inordinate Delay. Father of divorced daughter cannot file complaint for recovery of stridhan when daughter is alive and capable, and marital issues were settled in divorce decree.

The Supreme Court allowed the appeal filed by the former in-laws of the complainant's daughter, quashing criminal proceedings under Section 406 IPC an...

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Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

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High Court Dismisses Second Appeal in Partition Suit, Upholding Custom-Based Adoption Validity. Custom Allowed Adoption Above 15 Years in Vysya Community, and Adoptee Could Not Claim Share in Natural Family Property Under Section 12(b) of Hindu Adoptions and Maintenance Act, 1956.

The dispute arose from a partition suit filed by a son who had been given in adoption in 1974 at the age of 23-24 years. The natural father died intes...

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Bombay High Court Dismisses Appeals in Property Dispute — Widow's Absolute Ownership Under Section 14(1) Hindu Succession Act, 1956 Upheld. Property Received in Lieu of Maintenance Confers Full Estate, Not Limited Interest.

The case involves two second appeals arising from a suit filed by the original plaintiffs (respondents) against the original defendants (appellants) c...

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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.

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 ...

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Bombay High Court Grants Letters of Administration for Unattested Will of Sunni Muslim Testator — Section 63 of Indian Succession Act, 1925 Not Applicable to Muslims; Hanafi Law Does Not Require Attestation

The case concerns an uncontested petition for Letters of Administration with Will annexed filed in 1990, which remained pending for 31 years. The test...