Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Checking relevance for SRIHARI (DEAD) THROUGH LR. SMT. CH. NIVEDITHA REDDY VS SYED MAQDOOM SHAH...
Checking relevance for T. Ravi VS B. Chinna Narasimha...
Checking relevance for Maddineni Koteswara Rao VS Maddineni Bhaskara Rao...
2009 0 Supreme(SC) 941 : In a suit for partition, if a party dies after the preliminary decree is passed, their share may devolve upon other parties or a third party through testamentary disposition (such as a will) or succession. The validity of such devolution—whether testate or intestate—can be considered at the stage of final decree proceedings. A party claiming a share in the plaint scheduled property is entitled to plead for the grant of probate of the will executed by the deceased father of the parties, and the will does not need to be probated in a separate suit. Therefore, even though a petitioner is entitled to a 1/9th share in the suit property, they may be allotted a 1/4th share in the final decree if the deceased father''''s will bequeaths that share to them and the respondents have no objection, provided the devolution is valid and considered during final decree proceedings.Checking relevance for Ganduri Koteshwaramma VS Chakiri Yanadi...
2011 7 Supreme 40 : Under the amended Section 6 of the Hindu Succession Act, 1956 (effective from September 9, 2005), daughters are entitled to equal coparcenary shares as sons. In a partition suit where a preliminary decree has been passed but the final decree has not yet been issued, the court has the power to amend or modify the preliminary decree in light of supervening circumstances, including the application of the amended law. Therefore, even if a petitioner is entitled to a 1/9th share, they may be allotted a 1/4th share if the respondents have no objection and the court determines that the change in shares is warranted due to the daughter''''s right under the amended Section 6, especially when the original preliminary decree was passed before the amendment but the final decree is still pending.Checking relevance for Tarini Kamal Pandit VS Prafulla Kumar Chatterjee...
Checking relevance for Manju Shukla VS Shyama Devi...
Checking relevance for Parameswari @ Gnanasakthi & Another VS Raja Ratinam & Others...
Checking relevance for Niamat VS Abdul Rahman...
Checking relevance for Vishwaraj, Bangalore VS B. M. Byrappa, Bangalore...
Checking relevance for A. Porkodi VS Leelavathi...
Checking relevance for Ranganathan (died) VS Chennammal...
2018 0 Supreme(Mad) 2716 : The legal document confirms that even though the petitioner is entitled to a 1/3rd share in the suit property (not 1/9th as mentioned in the query), the petitioner can be allotted a 1/4th share if the respondents have no objection. This is supported by the court''''s observation that the second respondent filed a counter contending she has no objection to the share being allotted as per the preliminary decree, and the court held that the application is not hit by the principle of res judicata. The court also affirmed that a preliminary decree can be varied to allot 1/3rd shares to parties upon the death of a party, and that such variation is permissible when there is no objection from the respondents. This directly supports the principle that a share can be adjusted to a lesser amount (1/4th) if the respondents consent, even if the legal entitlement is higher (1/3rd).Checking relevance for Mutha @ Kamalaveni Ammal VS Narayanasamy Reddiar...
Checking relevance for Tupili Girijamma VS Tupili Subba Reddy...
Checking relevance for P. S. Sairam VS P. S. Rama Rao Pisey...
Checking relevance for M. L. Subbaraya Setty VS M. L. Nagappa Setty...
Checking relevance for Potti Lakshmi Perumallu VS Potti Krishnavenamma...
Checking relevance for Umerkhan VS Bismillabi @ Babulal Shaikh...
Checking relevance for Ramdas VS Sitabai...
Checking relevance for Govindammal VS R. Perumal Chettiar...
Checking relevance for BALKRISHNA DAS VS RADHA DEVI...