Showing : 1-10 of 100 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Succession Act, 1925, Section 263-- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Punjab Courts Act, 1918, Section 41- - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Death of Christian intestate - Relinquishment of share by daughter - Daughter of deceased/owner married to Hindu man and converted to Hinduism - Despite the same, daughter was paid Rs.50,000 and some gold ornaments for relinquishing her right in suit property and she accordingly relinquished her..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Death of Christian intestate - Share of adopted children - There is no prohibition against adoption in Christian Law - Adopted children are co-sharers and thus, entitled to respective shares in suit property belonging to deceased/owner...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit-- Ancestral properties or self acquired properties - Suit properties not purchased in the name of wife/defendant by husband from funds received by selling of ancestral properties - Plaintiffs even failed to discharge the onus to prove that sale deeds executed in favour of defendant were benami..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Joint Family Property-- Partition suit - Properties were obtained by father of plaintiff not from his direct male ancestors but from his mother's sister's husband - Suit properties were self acquired properties of father of parties pursuant to settlement deed - High Court thus, committed error in holding that there was..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Benami Transactions (Prohibition) Act, 1988, Section 4-- Benami transaction - Plaintiff miserably failed to establish and prove intention of father to purchase suit properties for an on behalf of family which were purchased in the names of defendants - Transactions of purchase of suit properties in the names of defendants cannot be said to be benami in..........

Showing : 1-10 of 100 Results