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september 1975

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.

RATNAM CHETTIAR & ORS. vs S. M. KUPPUSWAMI CHETTIAR & ORS. · Niyam