Search Results for "predeceased daughter"

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Search Results for "predeceased daughter"

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High Court

Bombay High Court Dismisses Daughter's Claim for Inheritance in Father's Property Dying Prior to 1956 Leaving Widow — Daughter Has No Right Under Hindu Women's Right to Property Act, 1937. The court held that under the Act of 1937, the widow alone inherits the separate property of her husband to the exclusion of the daughter, and the daughter cannot claim any right by inheritance when the father died before the Hindu Succession Act, 1956.

12 Nov 2024

The judgment concerns three second appeals referred to a Division Bench of the Bombay High Court to answer a substantial question of law regarding a d...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

18 Dec 2023

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

Supreme Court

Supreme Court Dismisses Appeals in Partition Suit, Upholding High Court's Decree on Property Shares and Invalidating Compromise. Legal Heirs' Dispute Over Ancestral and Self-Acquired Properties Resolved with Shares Determined Under Hindu Law, and Compromise Set Aside Under Code of Civil Procedure, 1908.

29 Mar 2023

The litigation originated from a partition suit filed by Charulata Sahoo (plaintiff) against her brother Prafulla Sahoo (defendant No. 1) and sister S...

Supreme Court

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.

20 Jan 2022

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...

High Court

High Court of Karnataka Dismisses Revision Petition in Property Suit — Upholds Trial Court's Refusal to Reopen Evidence. Court holds that the trial court did not err in rejecting application under Order 18 Rule 17 CPC for recalling witnesses, as the petitioners failed to demonstrate that the evidence sought to be adduced was not within their knowledge earlier.

14 Sep 2020

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC) by the petitioners (defendants in th...

Supreme Court

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.

22 Nov 2019

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...

High Court

Bombay High Court Allows Second Appeal in Partition Suit, Sets Aside Concurrent Findings. Court holds that second wife and her children are entitled to share in joint family property as coparceners under Hindu Succession Act, 1956.

30 Jul 2018

The case involves a partition suit filed by the first wife and her daughters against the husband and his second wife and children. The trial court and...

High Court

Bombay High Court Allows Stay of Maintenance to Major Unmarried Daughter Under Hindu Marriage Act — Section 26 Does Not Cover Major Children. Maintenance of Rs.10,000 per month to major daughter set aside as Section 26 of Hindu Marriage Act, 1955 only applies to minor children.

3 Apr 2018

The case involves a Civil Application filed by Rajendra Mahadeo Deokule (the applicant/original appellant) seeking stay of an order dated 16th July 20...

High Court

Bombay High Court Allows Revision Application in Suit for Declaration and Injunction — Dispute Over Agricultural Land and Family Arrangement. Court holds that a Civil Revision Application under Section 115 CPC is maintainable against an order refusing to amend written statement, and that amendment seeking to incorporate a family arrangement and counterclaim should be allowed to avoid multiplicity of proceedings.

30 Nov -0001

The petitioners, original defendants in a suit for declaration and permanent injunction, filed a Civil Revision Application under Section 115 of the C...

High Court

Bombay High Court Allows Second Appeals in Property Suit — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. First Appellate Court Failed to Independently Re-Appreciate Evidence, Rendering Its Judgment Perverse and Liable to Be Set Aside Under Section 100 of the Code of Civil Procedure, 1908.

30 Nov -0001

The present matter involves two second appeals arising from a property dispute between the appellants, Bhagirathibai and Wanmala, and the respondents,...

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