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september 2001

Supreme Court of India · 2001-09-25

THE BRAHMA VART SANATAN DHARM MAHAMANDAL vs KANHYALAL (DEAD) BY LRS. .

Citation / case number
SC 1984/65125
Court
Supreme Court of India
Petitioner
THE BRAHMA VART SANATAN DHARM MAHAMANDAL
Respondent
KANHYALAL (DEAD) BY LRS. .
Author
R.P. SETHI M.B. SHAH
Bench
R.P. SETHI M.B. SHAH

Judgment text excerpt

The Supreme Court upheld the trial court's decision that Mst. Durgi was a limited owner of the property under the will of Durga Prasad Bagla, and that her subsequent actions (will, gift, and settlement deeds) were null and void. The Court emphasized that the adoption of Kanhaiya Lal Bagla was valid and that the principle of res judicata applied, preventing Mst. Durgi from contesting the validity of the adoption. The Court ruled in favor of the plaintiffs, granting them possession of the disputed properties under Section 14(1) of the Hindu Succession Act, 1956.

THE BRAHMA VART SANATAN DHARM MAHAMANDAL vs KANHYALAL (DEAD) BY LRS. . · Niyam