Supreme Court of India · 2002-04-23
M.L. Subbaraya Setty (Dead) By Lrs. And ... vs M.L. Nagappa Setty (Dead) By Lrs. And ...
- Citation / case number
- AIR 2002 SUPREME COURT 2066
- Court
- Supreme Court of India
- Petitioner
- M.L. Subbaraya Setty (Dead) By Lrs. And ...
- Respondent
- M.L. Nagappa Setty (Dead) By Lrs. And ...
- Author
- U.C. Banerjee
- Bench
- U.C. Banerjee
Judgment text excerpt
The Supreme Court addressed the partition of ancestral joint family properties following the death of Lachiah Setty, emphasizing that a will purportedly executed by him was invalid as he could not dispose of ancestral property. The Court upheld the High Court's decision granting Nagappa Setty a 2/19th share instead of 1/19th, affirming that the properties remained joint family assets. The Court ruled that the arbitration proceedings were ineffective due to non-compliance and partiality, thus confirming the need for judicial intervention in family disputes over property.