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april 2002

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.

M.L. Subbaraya Setty (Dead) By Lrs. And ... vs M.L. Nagappa Setty (Dead) By Lrs. And ... · Niyam