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december 2006

Supreme Court of India · 2006-12-15

M.V. Karunakaran Àappellant vs Krishan Àrespondent

Court
Supreme Court of India
Petitioner
M.V. Karunakaran Àappellant
Respondent
Krishan Àrespondent
Author
S.B. Sinha
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the legal heirs of a deceased partner can transfer property only to the extent of their share after the dissolution of the partnership, as per the principles established in the case. The Court found that the respondent, being in possession and having made improvements to the property, had the right to obstruct the auction purchaser's possession claim. The Court upheld the lower courts' decisions, affirming that the auction purchaser could not claim possession without addressing the respondent's rights as a co-owner.

M.V. Karunakaran Àappellant vs Krishan Àrespondent · Niyam