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Landmark Judgments and Articles on Law

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…

Whether daughter is entitled to inherit ancestral property even if she was born prior to enactment of Hindu succession Act?

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 188-189 OF 2018 [@SLP(C) Nos. 10638-10639 of 2013] DANAMMA @ SUMAN SURPUR & ANR. .Vs AMAR & ORS. A.K. SIKRI, J. Dated:FEBRUARY 1, 2018. The appellants herein, two in number, are the daughters…

Whether daughter can be denied right in ancestral property if preliminary decree is passed?

IN THE SUPREME COURT OF INDIA Civil Appeal No. 8538 of 2011 (Arising out of SLP (Civil) No. 9586 of 2010) Decided On: 12.10.2011 Ganduri Koteshwaramma and Anr. Vs. Chakiri Yanadi and Anr. Hon’ble Judges/Coram: R.M. Lodha and J.S. Khehar, JJ. Citation: (2011) 9 SCC…

Distinction between S 14(1) and S 14(2) of Hindu succession Act relating to property rights of woman

Supreme Court of India PETITIONER:V. TULASAMMA & ORS. Vs. RESPONDENT:V. SESHA REDDI (DEAD) BY L. Rs. DATE OF JUDGMENT17/03/1977 BENCH:BHAGWATI, P.N.,GUPTA, A.C.,FAZALALI, SYED MURTAZA CITATION: 1977 AIR 1944 1977 SCR (3) 261 1977 SCC (3) 99 CITATOR INFO : R 1978 SC 361 (5) R…

After commencement of Hindu succession amendment Act 2005, Person can partition of ancestral property by executing will?

Andhra High Court HONBLE SRI JUSTICE V.RAMASUBRAMANIAN ANDHONBLE SMT JUSTICE ANIS APPEAL SUIT No.349 of 2016 27-04-2017 Smt. R. Seethamma @ Seetha Lakshmi, W/o. Sri R.Vema Reddy, R/o. Door No.134, CIEFL Colony,East Anand Bagh, Safilguda, Malkaj Vs. M. Thimma Reddy,S/o. Late M. Satyanarayana Reddy Occ:…

Grandson has no right to claim partition in ancestral property during lifetime of his father

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2360_of 2016 [ARISING OUT OF SLP (CIVIL) NO.6036 OF 2014] UTTAM …APPELLANT VERSUS SAUBHAG SINGH & ORS. …RESPONDENTS Dated;March 2, 2016. R.F. Nariman, J. 1. Leave granted. 2. The present appeal is by…

Types of partitions are excluded from provision of S.6 of Hindu succession Act

IN THE HIGH COURT OF KARNATAKA Regular First Appeal No. 58 of 2014 Decided On: 07.09.2015 Lokamani and Ors. Vs. Mahadevamma and Ors. Coram:N. Kumar and G. Narendra, JJ. 1. This regular first appeal is filed by defendants 1 to 3, challenging the Judgment and Decree passed by…

Brother of female hindu is entitled to inherit tenanted premises inherited by her?

SUPEME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.1305-06 OF 2017 DURGA PRASAD Vs NARAYAN RAMCHANDAANI (D) THR. LRS. Citation: AIR 2017 SC 915 These appeals arise from the judgment of the High Court of Uttarakhand at Nainital in Writ Petition(MS) No. 2729 of…

Son of sister of childless widow will inherit property inherited by her from her husband or father in law?

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.3938 of 2004(OM) Date of Decision-11.01.2017 Hari Ram and others. V Madan Lal and others CORAM:- MR. JUSTICE RAJ MOHAN SINGH Citation: AIR 2017 PH 69 [1]. Vide order dated 27.08.2015, the Hon’ble Supreme…

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