SHER SINGH vs GAMDOOR SINGH

The Supreme Court upheld the findings of the lower courts that the property in question was ancestral and part of a Joint Hindu Family, thus entitling the respondent to a 1/6 share by birth. The Court clarified that the previous decree, which did not include the respondent, was collusive and did not bind him. The Court emphasized that once the existence of a joint family is established, the property assumes the character of co-parcenary property unless proven otherwise. The appeal was dismissed as there was no substantial question of law warranting interference.