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november 1987

Supreme Court of India · 1987-11-18

THAKORE SHRI VINAYASINHJI (DEAD) BY LRS. vs KUMAR SHRI NATWARSINHJI & ORS.

Citation / case number
SC 1972/60409
Court
Supreme Court of India
Petitioner
THAKORE SHRI VINAYASINHJI (DEAD) BY LRS.
Respondent
KUMAR SHRI NATWARSINHJI & ORS.
Author
M.M. DUTT
Bench
M.M. DUTT

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the holder of an impartible estate has the power of alienation, including the ability to execute a deed of gift or will. The Court clarified that the rule of primogeniture does not restrict this power, as any restraint would contradict the custom of impartibility. The judgment referenced the principles established in Shiba Prasad Singh v. Rani Prayag Kumari Debi and Rani Sartaj Kuari v. Deoraj Kuari, affirming that the holder's right to alienate is consistent with the nature of impartible estates.

THAKORE SHRI VINAYASINHJI (DEAD) BY LRS. vs KUMAR SHRI NATWARSINHJI & ORS. · Niyam