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Landmark Judgments and Articles on Law

A Wife cannot claim partition in the ancestral property of her husband. During the lifetime of a male Hindu, neither his wife nor children can claim partition in his self-acquired property

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH S.B.SAMPAT KUMAR Vs.. S.B.PARASMAL S/O. LATE BHAKATAVARMAL CASE NO.RFA 100121/2014 For the Appellant: M.S. Satish, Advocate. For the Respondent: R1, Satish S Raichur, Advocate, R2 Served. JUDGES SREENIVAS HARISH KUMAR P.N.DESAI O.S. NO. 404/2007 ON THE FILE…

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If remarried Widow loses right to previous husband’s property

HIGH COURT OF CHHATTISGARH, BILASPUR Second Appeal No.356 of 2001 Judgment reserved on: 18-6-2021 Judgment delivered on: 28-6-2021 Loknath (dead) Through Legal Representatives (Plaintiff) 1. Shribachahh Kumar Bhoi, S/o Late Loknath, aged about 62 yrs. 2. Rajendra Kumar Bhoi (dead) Through Legal Representatives 2.1) Rewati…

Whether children born out of void marriage are class 1 Legal heirs as Sec. 8 of the Hindu Succession Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATER JURISDICTION SECOND APPEAL NO. 269 OF 1992 Shri Vishnu Laxman Padule Vs Laxman Rama Padule, CORAM: N.W.SAMBRE, J . DATE : 9 JANUARY, 2020. Citation: 2021(2) MHLJ 288 1] This appeal is by original plaintiff….

Whether the court can take into consideration change in the law as well as changes due to subsequent events in the final decree proceeding or appeal in partition suit?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. DIARY NO.32601 OF 2018 VINEETA SHARMA … APPELLANT(S) VERSUS RAKESH SHARMA & ORS. … RESPONDENTS WITH SPECIAL LEAVE PETITION (C) NO.684 OF 2016 SPECIAL LEAVE PETITION (C) NO.35994 OF 2015 SPECIAL LEAVE PETITION…

Whether convicted Women should get Family Pension or not

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.24430 of 2017 Reserved on :01.01.2021 Date of decision:25.01.2021 Baljinder Kaur … Petitioner Versus State of Haryana and others … Respondents CORAM : HON’BLE MR.JUSTICE G.S. SANDHAWALIA Present: Mr. G.S.Sullar, Advocate,for the petitioner. Mr. Sandeep Mann,…

Whether wife can claim right in property U/S 14(1) of Hindu Succession Act if she, along with her husband, had executed Mutual will?

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 25th April, 2020 9th May, 2019 CS(OS) 78/2016 & IAs No.2362/2016 (u/O XXXIX R-1&2 CPC), 12095/2016 (u/O XXXIX R-2A CPC), 7917/2017 (of D-2 u/S 151 CPC), 15767/2018 (u/O VI R-17 CPC) & 15768/2018…

Whether the court can restrain wife restricted by will of her husband to dispose of property by the sale to dispose of it by gift?

IN THE HIGH COURT OF DELHI CS (OS) 191/2016, IAs Nos. 5040/2016 Decided On: 23.04.2020 Kamal Parti Vs. Raj Kumar Parti and Ors. Hon’ble Judges/Coram: Rajiv Sahai Endlaw, J. 1. The plaintiff Kamal Parti has instituted this suit, for declaration and permanent and mandatory injunctions…

If Widow who remarries loses rights over late Husband’s property?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION APPEAL NO.8 OF 2007 IN NOTICE OF MOTION NO.80 OF 2006 IN PETITION NO.676 OF 2006 Mr Sanjay Purshottam Patankar … Appellant v/s Smt Prajakta Pramnod Patil … Respondent Mr A.K. Sarena for…

Daughter will not get right in property of Joint Hindu family where Partition has taken place before December 20, 2004

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1147/2012 RAKHI GUPTA ….. Plaintiff Through Mr.F.K. Jha, Adv. versus ZAHOOR AHMAD & ORS ….. Defendant Through Mr.Varun Goswami, Adv. CORAM: HON’BLE MR. JUSTICE KAILASH GAMBHIR ORDER % 29.11.2012 I.A. No. 15133/2012(O. 7 Rule 11…

Grandson or Grand Daughter is excluded from succession

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5889 OF 2009 Radha Bai ..…Appellant(s) Versus Ram Narayan & Ors. ….Respondent(s) JUDGMENT A.M. Khanwilkar, J. 1. This appeal takes exception to the judgment and order dated 12th February, 2007 of the High…

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