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september 1973

Supreme Court of India · 1973-09-20

JALAJA SHEDTHI & ORS. vs LAKSHMI SHEDTHI & ORS.

Citation / case number
SC 1967/284
Court
Supreme Court of India
Petitioner
JALAJA SHEDTHI & ORS.
Respondent
LAKSHMI SHEDTHI & ORS.
Bench
REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court examined the implications of the Aliyasantana Act (Madras Act IX of 1949) and the Hindu Succession Act, 1956, determining that the customary Aliyasantana law, which allows for inheritance through females, was not overridden by the Succession Act. The Court held that the concept of 'kavaru' under Aliyasantana law defines the rights of family members in property, emphasizing that partition requires the consent of all adult members. The Court concluded that the will executed by C in favor of the appellants was valid, affirming their claim to the property despite the respondents' assertions of their rights under the customary law.

JALAJA SHEDTHI & ORS. vs LAKSHMI SHEDTHI & ORS. · Niyam