Supreme Court of India · 1951-12-14
CHINNATHAYI alias VEERALAKSHMI vs KULASEKARA PANDIYA NAICKERAND ANOTHER(and connected appeal
- Citation / case number
- SC 1949/24
- Court
- Supreme Court of India
- Petitioner
- CHINNATHAYI alias VEERALAKSHMI
- Respondent
- KULASEKARA PANDIYA NAICKERAND ANOTHER(and connected appeal
- Bench
- MAHAJAN, MEHR CHAND
Judgment text excerpt
The Supreme Court ruled that to prove an impartible estate has ceased to be joint family property, there must be clear evidence of intention from junior family members to relinquish their succession rights. The court emphasized that the right to partition an impartible estate cannot be inferred from the holder's power to alienate it, as this contradicts the nature of such estates. Furthermore, any renunciation of succession rights must benefit all family members, and general release terms in a deed are limited to the specific circumstances contemplated at the time of execution.