Search Results for "class-I heirs"

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High Court of Judicature at Bombay, Nagpur Bench Considered Writ Petitions Challenging Trial Court's Rejection of Withdrawal of Insurance Policy Amounts in Succession Dispute. Section 39(7) of Insurance Act, 1938 and Applicability of Hindu Succession Act, 1956 to Nominees' Claims Were Examined.

The writ petitions arose from Special Civil Suit No. 2 of 2022 filed by the widow and son of deceased Pravin Maloo seeking partition of suit propertie...

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Bombay High Court Dismisses Impleadment Application by Stepchild in Partition Suit — Stepchild Not a Legal Heir Under Hindu Succession Act. The court held that a stepchild has no legal interest in the joint family property of a deceased coparcener and cannot be impleaded in a partition suit.

The Bombay High Court dismissed a chamber summons filed by a third-party applicant seeking impleadment in a partition suit. The suit involved partitio...

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Supreme Court Dismisses Appeal of Female Heir in Hindu Succession Dispute — Prior Partition and Sale by Coparcener Barred Claim. Daughter of Predeceased Son Had No Vested Right During Lifetime of Absolute Owner; Rule of Survivorship Inapplicable After Partition.

The appellant, Radha Bai, filed a suit for partition and possession of ancestral land in Village Barra, claiming to be the daughter of Saheblal, a pre...

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Bombay High Court Dismisses Second Appeal in Partition Suit — Plaintiff's 1/9th Share Upheld. Son from First Wife Entitled to Share in Father's Intestate Property Despite Prior Partition Between Father and Sons from Second Wife.

The case involves a second appeal filed by the original defendants (appellants) challenging the judgment and decree of the subordinate courts which gr...

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Bombay High Court Dismisses Petition Challenging Impleadment of Brothers as Legal Representatives in Specific Performance Suit. Definition of 'Legal Representative' Under Section 2(11) CPC Includes Persons Who Intermeddle with Estate or on Whom Estate Devolves, Not Limited to Class I Heirs.

The petitioners, original defendants in Special Civil Suit No. 41 of 2010, challenged the trial court's order dated 01.12.2014 allowing an application...

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Bombay High Court Dismisses Second Appeal in Property Dispute — Upholds Plaintiffs' Title and Possession. The court affirmed that the suit property was self-acquired by the plaintiffs' grandmother and not ancestral, and the defendant failed to prove adverse possession.

The case involves a property dispute over Gat No. 5/6, area 1.21 HR, situated at village Khamkhed, and a residential house in Jalgaon (Jamod). The pla...

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Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Appellate Decree for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Reasons Renders Judgment Invalid.

The case involves a second appeal filed by the defendants against the judgment and decree of the 9th District Judge, Nagpur, in Regular Civil Appeal N...