Supreme Court of India · 1975-09-18
RATNAM CHETTIAR & ORS. vs S. M. KUPPUSWAMI CHETTIAR & ORS.
- Citation / case number
- SC 1968/60458
- Court
- Supreme Court of India
- Petitioner
- RATNAM CHETTIAR & ORS.
- Respondent
- S. M. KUPPUSWAMI CHETTIAR & ORS.
- Author
- SYED MURTAZA FAZALALI
- Bench
- SYED MURTAZA FAZALALI
Judgment text excerpt
The Supreme Court held that a partition among members of a Hindu Undivided Family is binding on minor coparceners if done in good faith, but can be reopened if proven unjust or unfair, as per Hindu Law. The Court emphasized that the burden of proof lies on the party supporting the partition to demonstrate its fairness. In this case, the partition of movable properties was deemed unjust, leading to a decree for re-partition, while the division of immovable properties was upheld as fair. The Court modified the High Court's decree, awarding a sum of Rs. 46,500 with future interest to the plaintiffs.