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Sri Annappa Laxman Kakatkar vs Sri Yuvaraj Laxman Kakatkar on 2 February, 2022

20. Therefore, the substantial question of law formulated at point No.3 has to be answered in negative. Consequently the substantial question of law formulated at point No.1 has also to be answered in the negative. It is not in dispute that the parties are governed by Bombay School of law. The judgment cited by learned counsel appearing for the appellants in the case of Chamu Jinnappa Sheri and others Vs. Savitri Yeshwantrao Chagule and others4 and in the case of Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum and others5 are squarely applicable to the present case on hand. Even if there is a death of Janabai, her share has to be carved out and there will not be a merger of her share, unless the alleged Will executed by 4 ILR 2004 KAR 4738 5( 1978) 3 SCC 383 27 Janabai is examined and adjudicated in appropriate proceedings.
Karnataka High Court Cites 14 - Cited by 0 - Full Document

K. Doraswamy Naidu vs K. Markonda Naidu on 3 January, 2025

30. The 1st Appellate Court referred the decision in Chamu Jinnappa Sheri and others V. Savitri Yeshwantrao Chagule and others 6, wherein the High Court of Karnataka held that it is perfectly lawful and valid for the parties to a partition, evidenced by the registered deed, to take only a limited interest as their share and allow the devolution of property on the persons of their choice and such an arrangement would in law amount to relinquishment of one's full right in the property and taking only a life interest with the vested remainder making over to somebody else named in the document and that such a stipulation is valid and binding.
Andhra Pradesh High Court - Amravati Cites 31 - Cited by 0 - Full Document
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