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december 2003

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.

RAM SWAROOP vs MAHINDRU · Niyam