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december 1995

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.

DR. MAHESH CHAND SHARMA vs SMT RAJ KUMARI SHARMA AND ORS · Niyam