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Supreme Court

Supreme Court Allows Appeal in Commercial Suit Over Decree Interpretation - Executing Court Erred in Considering Pleadings to Include Loan Amount. Decree Based on Email Dated 28.03.2019 for Sale of 50% Shareholding with Consideration of ₹36.75 Crores Exclusive of Loan, as Executing Court Cannot Go Behind Decree Under Order XII Rule 6 CPC.

21 Feb 2023

The dispute originated from a joint venture agreement in 2017 between two groups, Agrawals and Kotharis, to operate a multi-specialty hospital in Mumb...

Supreme Court

Supreme Court Allows Appeal in Hindu Succession Case, Reinstating Inheritance Rights of Grandsons. Release Deed Executed by Father During Grandfather's Lifetime Held Void as It Involved Non-Transferable Spes Successionis Under Section 6(a) of Transfer of Property Act, 1882, and Does Not Bar Succession Under Section 8 of Hindu Succession Act, 1956.

25 Jan 2023

The dispute centered on succession to the separate property of Sengalani Chettiar, who died in 1988. He had two marriages: from the first, a son Chand...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

Supreme Court

Supreme Court Allows Appeal in Probate Case, Reinstating District Court's Grant of Probate for Two Wills. The Court Held That Alleged Suspicious Circumstances, Including Exclusion of a Daughter and Delay in Probate, Were Insufficient to Invalidate the Wills Under the Indian Succession Act, 1925, Especially Given the Father's Attestation of the Mother's Will and Reference to It in His Registered Will.

30 Mar 2022

The dispute involved a probate proceeding concerning two Wills executed by a married couple, Mannar Reddiar and Adhilakshmiammal. The mother executed ...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding Decree for Division of Self-Acquired Properties. The Court Held That Non-Joinder of Other Family Branch Did Not Affect Suit Maintainability as Properties Were Separate Estate, and Appellant's Ouster Claim Failed Due to Admission of Co-Ownership and Lack of Evidence.

9 Feb 2022

The dispute originated from a partition suit filed by the sister and sister-in-law of the appellant against him and other defendants, seeking division...

Supreme Court

Supreme Court Dismisses Plaintiff's Appeal in Partition Suit Based on Res Judicata and Invalid Will. The suit was barred under Section 11 of the Code of Civil Procedure, 1908, as prior litigation had conclusively established a valid partition in 1964, extinguishing the testator's ownership rights and rendering the will ineffective.

27 Jan 2022

The dispute originated from a partition suit filed by the plaintiff, who claimed a one-fourth share in joint family properties based on a will execute...

Supreme Court

Supreme Court Allows Appeal in Partition Suit Based on Daughter's Inheritance Rights Under Pre-1956 Hindu Law. Property Deemed Self-Acquired, Daughter Inherits by Succession, Not Survivorship, Under Mitakshara Principles, Leading to Partition Decree for Appellants.

20 Jan 2022

The dispute arose from a partition suit filed by Thangammal, claiming a 1/5th share in properties originally owned by Marappa Gounder. The suit was di...

Supreme Court

Supreme Court Upholds Validity of Relinquishment Deed Executed by Karta in Joint Hindu Family Property Case. Relinquishment deed executed by eldest male member as Karta is valid and binding on minor coparceners, and suit for declaration filed beyond limitation period is barred.

13 Dec 2021

The present appeal arises from a suit filed in 1994 by four younger sons of late M.C. Rudrappa seeking a declaration that a relinquishment deed dated ...

Supreme Court

Supreme Court Upholds High Court's Decree Granting Letters of Administration in Will Dispute. Will Proved in Accordance with Law, No Suspicious Circumstances Found Under Section 68 of Indian Evidence Act, 1872 and Section 63 of Indian Succession Act, 1925.

10 Dec 2021

The case involves a dispute over the estate of E. Srinivasa Pillai, who died on 19th January 1978. The plaintiffs, C. Saradambal (widow of the testato...

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