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april 1979

Supreme Court of India · 1979-04-12

SUKHRANI (DEAD) BY L.RS. & ORS. vs HARI SHANKER & OTHERS

Citation / case number
SC 1969/60189
Court
Supreme Court of India
Petitioner
SUKHRANI (DEAD) BY L.RS. & ORS.
Respondent
HARI SHANKER & OTHERS
Bench
REDDY, O. CHINNAPPA (J)

Judgment text excerpt

The Supreme Court held that a partition of ancestral property cannot be reopened by a minor once they attain majority unless there is evidence of fraud or misrepresentation. The Court affirmed the High Court's finding that the business was ancestral, granting the sons of the two brothers an interest by birth, but upheld the trial court's conclusion that the partition was unequal and unconscionable. The appeal was dismissed as there was no justifiable ground to overturn the findings of fact established by the lower courts.

SUKHRANI (DEAD) BY L.RS. & ORS. vs HARI SHANKER & OTHERS · Niyam