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september 1990

Supreme Court of India · 1990-09-13

P.N. VEETI NARAYANI vs PATHUMMA BEEVI AND ANOTHER

Citation / case number
SC 1976/60916
Court
Supreme Court of India
Petitioner
P.N. VEETI NARAYANI
Respondent
PATHUMMA BEEVI AND ANOTHER
Author
M.M. PUNCHHI
Bench
M.M. PUNCHHI

Judgment text excerpt

The Supreme Court held that under Sections 18 and 19 of the Limitation Act, the acknowledgment and partial payment of a debt by one heir does not save limitation for all heirs, as the liability to discharge debts under Muslim Personal Law devolves on heirs proportionate to their respective shares in the estate. The Court dismissed the appeal, affirming that the debt of a deceased Muslim is divided among heirs, making them independent debtors without a jural relationship as co-debtors. The ruling clarified that acknowledgment by one heir does not extend liability to others, as per Section 20(2) of the Limitation Act.

P.N. VEETI NARAYANI vs PATHUMMA BEEVI AND ANOTHER · Niyam