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november 2006

Supreme Court of India · 2006-11-30

LANKESWAR MALAKAR vs R. DEKA

Citation / case number
SC 1999/13
Court
Supreme Court of India
Petitioner
LANKESWAR MALAKAR
Respondent
R. DEKA
Bench
S.B. SINHA & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court examined the validity of a will executed by Durga Malakar in favor of the plaintiffs and a subsequent Deed of Gift executed in favor of his wife, Gandhari. The Court held that the plaintiffs had established their right, title, and interest over the suit land based on the probate granted in their favor, and that Gandhari did not possess a saleable interest to convey the property. The judgment of the High Court was set aside, affirming the plaintiffs' claims and ordering necessary actions for mutation of the land in their favor.

LANKESWAR MALAKAR vs R. DEKA · Niyam