Supreme Court of India · 2006-12-15
M.V. KARUNAKARAN vs KRISHNAN(DEAD) BY L.RS.
- Citation / case number
- SC 1989/67701
- Court
- Supreme Court of India
- Petitioner
- M.V. KARUNAKARAN
- Respondent
- KRISHNAN(DEAD) BY L.RS.
- Author
- S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court held that the legal heirs of a deceased partner can transfer their share of the property after the dissolution of the partnership, as established under the principles of partnership law. The Court found that the respondent, being in possession of the property and having made improvements, had the right to obstruct the delivery of possession to the auction purchaser. The Court upheld the lower courts' decisions, affirming that the auction purchaser's claim was invalid as the respondent was a necessary party to the proceedings and had not been included in the original suit.