Supreme Court of India · 1995-12-01
DR. MAHESH CHAND SHARMA vs SMT RAJ KUMARI SHARMA AND ORS
- Citation / case number
- SC 1991/80376
- Court
- Supreme Court of India
- Petitioner
- DR. MAHESH CHAND SHARMA
- Respondent
- SMT RAJ KUMARI SHARMA AND ORS
- Author
- B.P. JEEVAN REDDY
- Bench
- B.P. JEEVAN REDDY
Judgment text excerpt
The Supreme Court addressed the validity of a sale deed executed by the second defendant as General Power of Attorney for the first defendant, who had passed away. The Court held that the sale deed was void as it contravened the provisions of the will executed by Ram Nath Dewan under which the property was bequeathed to his wife for life, with a subsequent interest to his legal heirs. The Court emphasized that the rights of the daughters as legal heirs were not extinguished by the actions of the first defendant, thereby allowing the plaintiff to seek partition and possession of her share in the property.