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december 1951

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.

CHINNATHAYI alias VEERALAKSHMI vs KULASEKARA PANDIYA NAICKERAND ANOTHER(and connected appeal · Niyam