Supreme Court of India · 1996-12-11
PATEL BHUDARBHAI MAGANBHAI & ANR. vs PATEL KHEMABHAI AMBARAM & ORS.
- Citation / case number
- SC 1986/69889
- Court
- Supreme Court of India
- Petitioner
- PATEL BHUDARBHAI MAGANBHAI & ANR.
- Respondent
- PATEL KHEMABHAI AMBARAM & ORS.
- Author
- G.T. NANAVATI K. RAMASWAMY
- Bench
- G.T. NANAVATI K. RAMASWAMY
Judgment text excerpt
The Supreme Court upheld the decision of the Gujarat High Court regarding the redemption of a mortgage, confirming that Bai Hati, as the daughter of the deceased widow Bai Jivi, was entitled to inherit the properties under the Baroda Hindu Nibandh and the Hindu Succession Act, 1956. The Court found that the appellant's claim of preferential right to succession was unfounded, as the evidence supported Bai Hati's status as the absolute owner at the time of her death. The appeal was dismissed, affirming the lower court's ruling on the basis of inheritance rights and limitations under Article 61(b) of the Limitation Act, 1963.