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july 2005

Supreme Court of India · 2005-07-28

T.N. Rajasekar vs N. Kasiviswanathan & Ors

Citation / case number
AIR 2005 SUPREME COURT 3794
Court
Supreme Court of India
Petitioner
T.N. Rajasekar
Respondent
N. Kasiviswanathan & Ors
Author
Ar. Lakshmanan
Bench
Ruma Pal, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court addressed the partition of property under the Hindu Succession Act, specifically regarding the distribution of the estate of T.N. Ganapathi, who died unmarried and issueless. The Court upheld the High Court's decision that the appellant was entitled to a 1/5th share of the estate valued at Rs. 2,98,79,569/-, and clarified that the excess value of the property allotted to the appellant must be compensated to the other legal heirs as owelty. The judgment emphasized the need for equitable distribution among Class-II heirs as per the provisions of the Hindu Succession Act, leading to the final decree being affirmed with adjustments for owelty.

T.N. Rajasekar vs N. Kasiviswanathan & Ors · Niyam