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october 2004

Supreme Court of India · 2004-10-05

Crystal Developers vs Smt. Asha Lata Ghosh (Dead)Thr.Lrs.Ors

Citation / case number
AIR 2004 SUPREME COURT 4980
Court
Supreme Court of India
Petitioner
Crystal Developers
Respondent
Smt. Asha Lata Ghosh (Dead)Thr.Lrs.Ors
Bench
Ashok Bhan, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the partition of property among the heirs of Balai Chand Ghosh under the principles of Hindu Succession Act, 1956. The Court emphasized that all legal heirs are entitled to an equal share in the property, regardless of any alleged will or prior agreements that were not disclosed to all parties. The Court found that the sale of the property by Mamta and Arindam to Crystal Developers was invalid as it was executed without the consent of all heirs, thus reinforcing the legal principle that all co-owners must be notified of any transactions affecting their interests.

Crystal Developers vs Smt. Asha Lata Ghosh (Dead)Thr.Lrs.Ors · Niyam