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247 judgments · newest first · showing 201–247
The father of the appellant and the first respondent died in 1956, leaving a joint Hindu family where the Patel watan lands were impartible and governed by primogeniture. The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 abolished the Patel watan and, under s.5, the eldest son Balwant …
Ratan Singh, a Bhoomidar, died leaving 41.49 acres of agricultural land. Under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, the Sub‑Divisional Officer limited the widow's share to 10.38 acres and declared the remainder surplus. The major daughters (appellants) filed a civil suit …
A partition suit was filed in 1965 and a preliminary decree was passed in 1975. Jamuna Prasad (J) died in 1987 leaving his widow, two sons and four daughters, one of whom claimed a one‑third share of the property. The Supreme Court, in an earlier order dated 3 March 1992, directed that the shares of …
The appellant, Radhika, was the sole child of a mother who had inherited property from her own father. When the mother died intestate, her husband (the respondent) claimed a half‑share as a Class‑I heir. The trial court dismissed his claim, but the district court and the High Court reversed, …
Sunder, owner of joint family property, gifted part of his land to Brij Lal. Remote reversioners (the appellants) challenged the gift and a suit was compromised, granting them a one‑eighth share after Sunder's death. After Sunder died in 1964, the appellants sued to enforce the compromise decree, …
The male testator executed a 1941 will granting each of his two wives a life interest in half of his property, with his daughter as ultimate beneficiary. After the testator's death in 1958, one widow executed a 1966 will transferring her interest to a stranger. The daughter (respondent) sued, …
Pancham executed a 1907 will bequeathing certain sir lands and a house to his daughter Sarjabai. The will's language was held to create only a life interest for Sarjabai, not an absolute estate. After Pancham's death Sarjabai transferred the property by gift deed to several defendants, but the …
Brahmadeo Singh, a coparcener in a Mitakshara joint family, filed a suit for partition of his share. The suit was dismissed and while the appeal was pending he died. His alleged daughter, Pavitri Devi, filed an application for substitution, claiming she was his heir and that a registered gift deed …
The Supreme Court examined two disputes concerning properties bought by the former ruler of Nabha, R.S., benami in the names of others. The first involved the Simla property (Sterling Castle) and the second the Delhi property (34 Alipur Road). The Court held that the rule of primogeniture, which …
The appellant, a grandson, sought to reopen a preliminary ex‑parte decree in a title suit concerning a Hindu joint family property, claiming that his grandmother's life estate under a 1942 compromise decree had become an absolute estate under Section 14(1) of the Hindu Succession Act, 1956, and that …
The deceased Chiranjilal Shrilal Goenka left a will appointing his younger daughter as executrix, which was contested by Radhey Shyam, who claimed to be an adopted son. The parties, along with another claimant, were brought before a Supreme Court order that appointed a retired Chief Justice as …
The appellant, a member of the Travancore royal family, filed a suit seeking partition and accounting of certain properties, claiming they were part of an undivided Marumakkathayam tarwad. The respondent, the former Maharaja of Travancore, contended that the properties were his personal assets …
Rani Devi, the landlady, filed a suit under section 21 of the U.P. Urban Building (Regulation of letting, rent and eviction) Act, 1972 seeking eviction of the occupants, Bhole Nath and others, on the ground of a bona‑fide requirement to start a business for her son. The original tenant, Lalu, died …
Mahan Kaur, a Hindu woman, inherited agricultural land from her husband. After her intestate death, the revenue authorities mutated the land in favour of the State, claiming no qualified heir existed. Balwant Singh, the grandson of Mahan Kaur's brother, sued for possession and for a declaration that …
Padmanabha Chettiar executed a will in 1924 granting his property to himself for life, then to his wife Dhanalakshmi Ammal for life, thereafter to his daughter Rajalakshmi Ammal, and finally to her male children. The question before the Supreme Court was whether the daughter obtained an absolute …
The Supreme Court examined three related suits in which widows held life estates in property under wills or settlement deeds. The core question was whether, under Section 14(1) of the Hindu Succession Act, 1956, such a limited estate automatically became an absolute estate, or whether Section 14(2) …
Kalawati, a daughter of a Hindu widow, claimed ownership of the entire estate inherited by her mother from her husband, asserting that a 1954 gift deed transferring the property to her was valid and that she had become an absolute owner under section 14 of the Hindu Succession Act, 1956. Soiryabai, …
The landlords obtained eviction decrees against the legal representatives of original tenants under the Delhi Rent Control Act. Two heirs, who were not joined as parties, challenged the execution of those decrees, asserting independent tenancy rights. The Supreme Court examined whether unjoined …
The appellant, SMT. P. Leelavathamma, appealed against the Controller of Estate Duty challenging the computation of the net principal value of the deceased’s estate. She argued that the estate duty payable on the property passing on death constituted a first‑charge encumbrance and therefore should …
The case concerned a gift of land made by Kehar Singh in 1947 to his second wife, Basant Kaur, as maintenance. After the Hindu Succession Act, 1956, the widow’s step‑grandsons claimed the gift gave her only a limited estate under Section 14(2) and that the estate could not be enlarged. The High …
The appellants were contesting alienations of immovable property under the Punjab Custom (Power to Contest) Act, 1920, and their suits were at the appellate stage when the Punjab Custom (Power to Contest) Amendment Act, 1973 came into force on 23 January 1973. The High Court dismissed the appeals, …
Santi, after being widowed twice, held the estate of her second husband Ditto as a life‑estate and executed a gift deed in 1955 in favour of her granddaughter Mohindero, the daughter of her illegitimate son Buta. The Hindu Succession Act, 1956 came into force on 17 June 1956 and Santi died intestate …
Anandi Bai held a shop in Jaipur under an 11‑month lease that was terminated by a notice under Section 106 of the Transfer of Property Act, but she continued in possession and paid rent, becoming a statutory tenant. She died in September 1966 and her heirs (the appellants) were sued for ejectment by …
The case concerned a widow, Smt. Yashoda Bai, who owned her late husband's immovable property and later adopted a son, executing an unregistered deed of adoption that purported to divest her of any right to alienate the property. She subsequently executed a registered sale deed in favour of the …
The case concerned a joint Hindu Mitakshara family where Bhiku died leaving his widow Parvati and son Balu. Balu also died, leaving his widow Lilabai, who later remarried and gave birth to a posthumous daughter, Ashabai, the appellant. Parvati adopted Vithal in 1949, and Ashabai sued for possession …
The former ruler of Mohanpur State gifted and bequeathed certain lands to his younger son, but the eldest son, who succeeded as ruler, challenged the validity of those dispositions, arguing that the rule of primogeniture applicable to the Raj estate barred any alienation. The Civil Judge declared …
A family partition deed allotted certain 'A' schedule properties to Maharaja Pillai, and after his death his widow was given the right to receive income from those properties for her maintenance. One of Maharaja Pillai's sons sued for a one‑third share in the properties. The trial court held that …
The widow Mst. Shem inherited her husband's property in 1942 with only a life interest. In 1943 she executed a deed of gift in favour of Shri Dhari, the father of the appellants, but a suit filed by the respondents led to a compromise decree declaring the gift ineffective and providing that the land …
The appellant, Gulwant Kaur, was estranged from her husband Major General Gurbux Singh, who in a 1958 letter entrusted her with a parcel of land and a house as maintenance, promising a monthly allowance. The husband later sold the land to the respondent, Mohinder Singh, who sought an injunction …
The case concerned a deed of settlement executed by Rami Reddy, a coparcener in a Mitakshara joint Hindu family, which conveyed his entire undivided interest in the coparcenary to his brother Veera Reddy while reserving a life interest for himself. After the deaths of both brothers, the widow of …
The case concerned a Hindu widow who had inherited a limited estate from her deceased husband before the Hindu Succession Act, 1956 and had transferred the property to an alienee. After the Act came into force, the alienee reconveyed the property to her, restoring her possession. The appellant …
The case concerned the devolution of property of Khem Kaur, a Hindu female who died intestate. Kirpa Singh, her son by her second husband, claimed the entire estate, arguing that as the sole "son" he was entitled to the whole share under section 15(1)(a) of the Hindu Succession Act, 1956. Lachman …
The appellant, Yudhishter, had been in possession of a residential premises since 1962. The respondent landlord, Ashok Kumar, purchased the premises in 1971 and later filed an eviction petition in 1974 under the Haryana Urban (Control of Rent and Eviction) Act, 1973, claiming a bona‑fide requirement …
The plaintiff, son of Ramamurty, claimed ownership of certain properties after the death of Veeraraju's widow, who had been granted a life interest under a 1937 Deed of Settlement that provided for reversion to Ramamurty or his heirs. The widow later executed a will bequeathing the properties to her …
Rangi Lal and his son Chander Sen formed a Hindu undivided family (HUF) that later underwent a partial partition, after which Rangi Lal died leaving a credit balance in the firm’s books. Chander Sen, who had his own HUF with his sons, claimed that the balance and its interest were his individual …
Amar Singh died leaving two widows, each allotted one‑third of his agricultural land as maintenance. The petitioner, Amar Singh's adopted son, obtained one‑third from Har Kaur and sued Jagir Kaur, the other widow, for a declaration that she had no interest in the land. A 1945 compromise decree …
The Supreme Court examined whether a wife and mother who inherited a share in a joint Hindu family property under Section 6 of the Hindu Succession Act ceased to be members of the family for purposes of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. The Court held that the legal …
The case concerned a Hindu religious endowment where the founder, Purushottam Lal, dedicated his property to the deity Gopalji and appointed his wife, Asharfi Devi, as shebait (temple manager) without a power to alienate the property. After Asharfi Devi's death, the appellant, Shambhu Charan Shukla, …
Pratibha Rani, an estranged wife, filed a criminal complaint under s.406 IPC alleging that her husband Suraj Kumar, his father, brothers and brother‑in‑law had misappropriated her stridhan (dowry) worth Rs.60,000 that was entrusted to them at the time of marriage. The Punjab & Haryana High Court …
Nanak Chand, a displaced person from West Pakistan, disappeared in December 1954. His brother Dewan Chand claimed that Nanak Chand had died and produced a death certificate issued by respectable persons of the place where the family had resided. The Additional Settlement Commissioner, relying on …
The Supreme Court examined whether a nominee under Section 39 of the Insurance Act, 1938 acquires a beneficial interest in the proceeds of a life‑insurance policy when the assured dies intestate. The deceased, governed by the Hindu Succession Act, 1956, had nominated his wife as the sole nominee. …
The case concerned a sale of a portion of a block of houses in Rae Bareli by Parmeshwar Din Misra (defendant No. 2), who claimed exclusive ownership, to K.C. Kapoor (appellant). The plaintiff‑mother and her two grand‑sons challenged the sale, alleging that the property was joint Hindu family …
Bhaiya Rudra Pratap Deo, holder of the impartible Nagaruntari estate, executed an unregistered maintenance (khorposh) deed in 1952 granting eight villages to his brother’s son, Lalu Maheshanuj. The plaintiff alleged fraud and that the deed was void under Section 12A of the Chota Nagpur Encumbered …
The appellants, sisters, filed a suit for partition and separate possession of their share in ancestral joint family property, alleging they were in joint possession. They paid court fee under Section 37(2) of the Tamil Nadu Court Fees and Suits Valuation Act. The trial court directed them to pay …
The case concerned a family governed by the Madras Aliyasantana Act who filed a suit for partition of a Kutumba. Defendants 22, 23 and 24, all male Nissanthathi Kavarus, were allotted a joint share of the property. After the deaths of defendants 23 and 24, their representatives claimed a one‑third …
