Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1952

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.

GUR NARAIN DAS AND ANOTHER vs GUR TAHAL DAS AND OTHERS · Niyam