Supreme Court of India · 2004-10-05
CRYSTAL DEVELOPERS vs ASHA LATA GHOSH (D) BY LRS.
- Citation / case number
- SC 2000/15688
- Court
- Supreme Court of India
- Petitioner
- CRYSTAL DEVELOPERS
- Respondent
- ASHA LATA GHOSH (D) BY LRS.
- Author
- S.H. KAPADIA ASHOK BHAN
- Bench
- S.H. KAPADIA ASHOK BHAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision confirming the partition of property under Title Suit No.89 of 1981, emphasizing the need for equitable distribution among legal heirs as per Hindu Succession Act, 1956. The Court noted that the registered will dated 25.12.1977, relied upon by the defendants, did not invalidate the rights of the plaintiffs as legal heirs. The judgment reinforced the principle that a partition suit can proceed despite claims of will, provided the legal heirs are recognized under the applicable succession laws.