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Landmark Judgments and Articles on Law

Can the daughter claim partition of joint family property without bringing property given to her towards dowry in hotchpotch?

IN THE HIGH COURT OF KARNATAKA AT BENGALURU WRIT PETITION NO.39982 OF 2018 (GM-CPC) SMT.HEMALATHA Vs SRI.VENKATESH BEFORE :MR. JUSTICE SURAJ GOVINDARAJ Dated: 16TH DAY OF FEBRUARY, 2022 1. The petitioner is before this Court seeking for the following reliefs; i) Issue a writ, order or…

Whether wife can claim right of residence in property in the name of her father in law?

IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on: 30th August, 2018 Crl.M.C. 2082/2016 Crl.M.A. 8823-24/2016 MANJU GUPTA Vs PANKAJ GUPTA CORAM:HON’BLE MR. JUSTICE R.K.GAUBA 1. The petitioner was married to Pankaj Gupta (the first respondent) on 06.12.1985 and they have a male…

Is Property purchased in mother name belongs to Joint Family property?

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 824 of 2010 & IA Nos. 5600 of 2010 (u/O 39 R 1 & @ CPC), 8351, 8352 of 2010 (u/S 16 r/w O VII R 11 CPC), 13922 of 2012 (u/O XII R 6…

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…

Probate proceeding and forged Will

Supreme Court of India CASE NO.:Appeal (civil) 4890 of 2007 PETITIONER:Kanwarjit Singh Dhillon RESPONDENT:Hardyal Singh Dhillon and Ors. DATE OF JUDGMENT: 12/10/2007 BENCH:TARUN CHATTERJEE & DALVEER BHANDARI JUDGMENT:JUDGMENT ORDER 1. Delay condoned. 2. Leave granted. 3. This appeal is directed against the judgment and final…

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…

When suit for partition of joint family property is not barred by limitation?

IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH) Regular First Appeal No. 100108 of 2016 [PAR/POS] Decided On: 09.01.2017 Durgavva and Ors. Vs. Annapoornavva and Ors.   Hon’ble Judges/Coram: Ravi V. Malimath and K. Somashekar, JJ.   Citation: AIR 2017 karnat 38 1. The appellants, who were the plaintiffs…

Parents can repudiate family skill to uncaring children: Supreme Court

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7587-7588 OF 2004 Mahesh Kumar (Dead) By L.Rs. … Appellants versus Vinod Kumar and others … Respondents J U D G M E N T G. S. Singhvi, J. 1. These appeals are…

Joint family property partial partition without impleadment is not maintainable

Supreme Court of India Kenchegowda (Since Deceased) By … vs Siddegowda Alias Motegowda on 11 May, 1994 Equivalent citations: JT 1994 (4) SC 125, (1994) 108 PLR 282, 1994 (2) SCALE 959, (1994) 4 SCC 294 Bench: M Venkatachaliah, S Mohan JUDGMENT 1. Both these…

Precaution while deciding injunction application relating to joint family property

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2026 OF 2016 Sukhdeo Pandurang Bawankule, Vs Vasant Eknath Bawankule, CORAM: R. K. DESHPANDE, J. DATE    :   7 th DECEMBER, 2016 . Citation:2017(1) ALLMR555 1] Rule made returnable forthwith. Heard the…

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