Showing : 81-90 of 1068 Results

KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal -..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 14(1)-- Property acquired by Hindu female - Mutation entry in favour of Hindu female - No other document in her favour - Words `in any other manner whatsoever' are not sufficient to attract elements of acquisition by mutation entry u/s 14(1) of the Act - Said term needs to be construed and interpreted in..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 65-- Limitation - Partition suit - Plaintiff married prior to amendment of S.6 of Hindu Succession Act, thus, she may not be a co-parcenar - However, properties being self acquired properties of testator, till his death, right and title in properties were vested in him - De hors the Will, none of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Hindu Succession Act, 1956, Section 15(2)(a), 16(3)-- Hindu female dying intestate - Property inherited by female from her father - Since, she was not having any children or grand children, hence property on her death by operation of S.15(2)(a) r/w S.16(3) of the Act, will revert back to her father - Since father of female died immediately after her..........
PATNA HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 138-- Bequest with directions - Where a fund is bequeathed absolutely to or for the benefit of any person, but the Will contains a direction that it shall be applied or enjoyed in a particular manner, the legatee shall be entitled to receive the fund as if the Will had contained no such direction...........
DELHI HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100, Succession Act, 1925, Section 384, 388-- Second appeal - Maintainability - No second appeal before High Court lies against order in First Appeal against order in petition seeking Succession certificate by Administrative Civil Judge...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Recall of a witness - DW6 being son of scribe already identified signature and handwriting of his father on Will in question - Will in question which is otherwise to be proved u/s 63 of Succession Act, cannot be exhibited through DW6, especially being a photocopy - Rather, defendant himself should..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Succession Act, 1925, Section 372-- Succession certificate - Deceased was unmarried and has no legal heir - Applicant is sole legal representative and successor in the interest of deceased being his chela, which was not denied by objector/respondent - Even no one objected the application of applicant for grant of succession..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c)-- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in accordance with..........

Showing : 81-90 of 1068 Results