Supreme Court of India · 2003-12-18
RAM SWAROOP vs MAHINDRU
- Citation / case number
- SC 1997/7780
- Court
- Supreme Court of India
- Petitioner
- RAM SWAROOP
- Respondent
- MAHINDRU
- Author
- AR. Lakshmanan
- Bench
- DR. AR. LAKSHMANAN. Y.K. SABHARWAL
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the partition of property, affirming that the respondents have a legitimate claim to a 1/3rd share in the joint property as per the principles of co-ownership. The Court emphasized that the appellants' claim of adverse possession was not substantiated, as the respondents were in joint possession and had not relinquished their rights. The judgment clarified the legal standing of heirs in property disputes under customary law, reinforcing the rights of the respondents as legal heirs of the deceased.