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.