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march 1963

Supreme Court of India · 1963-03-04

LAKKIREDDI CHINNA VENKATA REDDI vs LAKKIREDDI LAKSHMAMA

Citation / case number
SC 1961/233
Court
Supreme Court of India
Petitioner
LAKKIREDDI CHINNA VENKATA REDDI
Respondent
LAKKIREDDI LAKSHMAMA
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that a suit for partition of joint family property initiated by a minor can be continued by his legal representative after the minor's death, as the right claimed is in property and devolves upon death. The Court clarified that the institution of the suit, not the decree, effects severance of joint property. Additionally, it was determined that there was no evidence of Butchi Tirupati surrendering his interest in property devised under a will, thus affirming the mother's entitlement to a share in the property. The ruling establishes that separate property can be impressed with joint family character if intentionally blended with joint family assets.

LAKKIREDDI CHINNA VENKATA REDDI vs LAKKIREDDI LAKSHMAMA · Niyam