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april 1996

Supreme Court of India · 1996-04-08

TARAKNATH vs SUSHIL CHANDRA DEY BY LRS.

Citation / case number
SC 1995/14610
Court
Supreme Court of India
Petitioner
TARAKNATH
Respondent
SUSHIL CHANDRA DEY BY LRS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the relinquishment of property rights by sisters in favor of their brothers constitutes a valid gift under personal law, despite the lack of actual possession delivery. The Court found that the family settlement among brothers was valid, allowing the appellant to derive title from one of the brothers. The High Court's dismissal of the suit was overturned, affirming the appellant's ownership of the property based on the family settlement and the principles of co-ownership.

TARAKNATH vs SUSHIL CHANDRA DEY BY LRS. · Niyam