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november 1996

Supreme Court of India · 1996-11-18

PARSHOTAM SINGH (DEAD) THROUGH LRS. vs HARBANS KAUR & ANR.

Citation / case number
SC 1996/80588
Court
Supreme Court of India
Petitioner
PARSHOTAM SINGH (DEAD) THROUGH LRS.
Respondent
HARBANS KAUR & ANR.
Author
G.B. PATTANAIK K. RAMASWAMY
Bench
G.B. PATTANAIK K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the High Court erred in dismissing the appeal on the grounds of delay, as it should have examined the rights to succession of the property. The Court clarified that property inherited by Harsukhjit Singh from his mother, Pritam Kaur, is self-acquired, while the property from his grandfather remains joint family property until divided. The appellants, as heirs of Parshotam Singh, are entitled to half the share of the property succeeded by Harsukhjit Singh. The appeal was allowed, and the matter was remitted to the trial Court for a final decree.

PARSHOTAM SINGH (DEAD) THROUGH LRS. vs HARBANS KAUR & ANR. · Niyam