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Landmark Judgments and Articles on Law

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…

Whether appellate court can consider merits of appeal while deciding application for condonation of deay?

IN THE HIGH COURT OF BOMBAY Second Appeal (St.) No. 7650 of 2018 in Civil Application No. 272 of 2018 Decided On: 03.10.2018 Pattherao Narsu Patil Vs. Gangubai A. Lad and Ors. Hon’ble Judges/Coram: A.M. Dhavale, J. 1. Heard the learned advocate for the Appellant…

Whether issue of res judicata can be decided at interim stage?

IN THE HIGH COURT OF BOMBAY Civil Revision Application No. 637 of 2016 Decided On: 14.03.2018 Sarjerao Dhondiba Sarode Vs. Kamal Kerubhau Pachange and Ors. Hon’ble Judges/Coram: Dr. Shalini Phansalkar Joshi, J. 1. Heard learned counsel for the petitioners and learned counsel for the respondents….

Basic concept of Escheat under Hindu succession Act

IN THE SUPREME COURT OF INDIA Civil Appeal No. 3878 of 2009 Decided On: 22.09.2017 Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust Vs. Collector, Haridwar and Ors. Hon’ble Judges/Coram: N.V. Ramana and Dr. D.Y. Chandrachud, JJ. Citation:(2017) 16 SCC 418 1. This appeal…

Whether Article 65(b) of limitation Act is applicable to suit filed by legal heirs of female who was absolute owner of suit property?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 3110 of 2012 Decided On: 25.04.2017 Bapusaheb Chimasaheb Naik-Nimbalkar (dead through L.Rs.) and Ors. Vs. Mahesh Vijaysinha Rajebhosale and Ors. Hon’ble Judges/Coram: Arun Mishra and S. Abdul Nazeer, JJ. Citation: 2018(1) MHLJ11 1. The appeal has…

Whether father can execute will in respect of property which he got in partition of joint family property?

IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH) Second Appeal No. 440 of 2015 Decided On: 22.03.2017 Leelavati Baburao Chaudhari Vs. Pitambar Shridhar Attarde and Ors. Hon’ble Judges/Coram:S.P. Deshmukh, J. Citation: 2017(6) MHLJ 469 1. Heard learned advocates for the appearing parties. 2. It is…

Whether Stepson of A Hindu dying Intestate can claim Inheritance under Hindu Succession Act?

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.495 OF 2017 IN SUIT NO.2219 OF 2000 Yansh Bahadur Sabhajeet Yadav … Applicant In the matter between:­ Dudhnath Kallu Yadav … Plaintiff Vs. Ramashankar Ramadhar Yadav and ors. … Defendants…

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