Supreme Court of India · 1952-05-16
GUR NARAIN DAS AND ANOTHER vs GUR TAHAL DAS AND OTHERS
- Citation / case number
- SC 1950/54
- Court
- Supreme Court of India
- Petitioner
- GUR NARAIN DAS AND ANOTHER
- Respondent
- GUR TAHAL DAS AND OTHERS
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court ruled that under Hindu law, an illegitimate son of a Sudra has the right to demand partition of his father's separate property after the father's death, provided the father was separate from his collaterals and left behind separate property along with legitimate sons. The Court clarified that while such a son cannot enforce partition during the father's lifetime, he is entitled to do so posthumously. The appeal was allowed, affirming the High Court's decree for partition.