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january 2006

Supreme Court of India · 2006-01-16

C.T. RADHAKRISHNAN vs C.T. VISWANATHAN NAIR

Citation / case number
SC 2003/9891
Court
Supreme Court of India
Petitioner
C.T. RADHAKRISHNAN
Respondent
C.T. VISWANATHAN NAIR
Author
P.K. BALASUBRAMANYAN
Bench
P.K. BALASUBRAMANYAN B.P. SINGH

Judgment text excerpt

The Supreme Court addressed the validity of a transaction under the Madras Marumakkathayam Act, 1932, specifically regarding the assignment of undivided shares in a Hindu joint family governed by the Marumakkathayam system. The Court held that the transaction executed by Kunhimalu Amma was valid despite the contention that it was void due to the nature of undivided shares, as the minors had attained majority and lost the right to challenge the transaction. The Court affirmed the lower court's decision, allowing the possession claim of Viswanathan Nair based on Exhibit-B-9.

C.T. RADHAKRISHNAN vs C.T. VISWANATHAN NAIR · Niyam