Supreme Court of India · 2006-08-02
Radha Amma And Anr. vs C. Balakrishnan Nair And Ors.
- Citation / case number
- AIR 2006 SUPREME COURT 3343
- Court
- Supreme Court of India
- Petitioner
- Radha Amma And Anr.
- Respondent
- C. Balakrishnan Nair And Ors.
- Author
- B.P. Singh
- Bench
- B.P. Singh, Altamas Kabir
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the partition of properties under Marumakkathayam law, specifically addressing the claim of the plaintiffs for a 3/17th share in the family properties. The Court clarified that Items 8 to 16 were self-acquired properties of defendant No. 2 and not partible under the tavazhy system, thus affirming the High Court's modification of the preliminary decree for partition. The ruling emphasized the principles of devolution of interest per capita under Marumakkathayam law, confirming the rights of the parties involved.