Search Results for "moiety holder"

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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 "moiety holder"

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High Court

Bombay High Court Dismisses Petition Challenging Auction in Inventory Proceedings — Non-Service of Notice to Moiety Holder Does Not Vitiate Proceedings. The court held that a moiety holder of an heir is not entitled to separate notice and that participation by the spouse suffices.

15 Jun 2021

The petitioners, Amelino Clifton De Rosario Azavedo and his wife Pamita Azavedo, challenged the order dated 16.03.2018 of the Adhoc District Judge-I, ...

High Court

Bombay High Court Upholds Revenue in Income Tax Reference on HUF Income Assessment. Income from assets received on partition by a bachelor remains individual income even after marriage, as no HUF is created without blending.

9 Aug 2005

The case involves a reference under Section 256(1) of the Income Tax Act, 1961, by the Income Tax Appellate Tribunal at the instance of the assessee, ...

High Court

Bombay High Court Dismisses Appeal by Spouse of Heir Seeking to Participate in Licitation in Inventory Proceedings. The right to bid in licitation under Article 1412 of Portuguese Civil Procedure Code, 1939 is limited to heirs and the moiety holder spouse, not extending to spouses of heirs.

13 Apr 2006

The case involves an appeal from an order dated 01.02.2006 in Inventory Proceedings No.310/2004/B for partitioning the estate of Andre Andrade. The wi...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

High Court

Bombay High Court Allows Writ Petition in Inventory Proceedings Dispute — Clarifies Appointment of Cabeca-de-casal and Maintainability of Common Inventory for Spouses with Different Heirs. The court held that the lower courts had erred in their orders regarding the appointment of Cabeca-de-casal and the maintainability of a common inventory proceeding under the Portuguese Civil Code, 1867, as applicable in Goa.

24 Nov 2017

The case involves a Writ Petition under Articles 226 and 227 of the Constitution of India challenging two orders: one dated 13.10.2015 passed by the l...

High Court

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.

23 Dec 2016

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, ...

High Court

Bombay High Court Dismisses Partition Appeal Due to Lack of Evidence of Joint Family Property. The court held that the plaintiffs failed to prove that the suit property was ancestral or joint family property, and the suit was barred by limitation under Article 65 of the Limitation Act, 1963.

9 Dec 2014

The appellants (plaintiffs) filed a suit for partition of property claiming it was ancestral/joint family property. The trial court dismissed the suit...

High Court

High Court of Karnataka Allows Writ Petition in Final Decree Proceedings — Mesne Profits Must Be Determined Before Auction Sale. Held that mesne profits under Section 2(12) CPC are a substantive right that cannot be deferred until after the sale of property in final decree proceedings.

10 Dec 2025

The petitioner, Sri S.P. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orders passed by the XV...

High Court

Madras High Court Dismisses Second Appeal in Property Dispute Involving Sham Sale Deed and Adverse Possession. Court upholds concurrent findings that sale deed was nominal and plaintiffs had perfected title by adverse possession.

20 Jan 2025

The case involves a property dispute over land in Kumarappanaickenpettai. The plaintiffs, sons and daughter of Nataraja Mudaliar, filed a suit for dec...

High Court

Bombay High Court Dismisses Wife's Objection to Execution of Decree for Specific Performance. Objection by judgment debtor's wife that she was not a party to the suit rejected as decree binding on judgment debtor.

1 Jul 2010

The petitioner, Mrs. Mary Martinha De Monte Furtado, filed a writ petition challenging an order dated 18-2-2009 passed by the learned Civil Judge, Sen...

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