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october 2006

Supreme Court of India · 2006-10-19

Govindammal vs R.Perumal Chettiar & Ors

Citation / case number
AIR 2007 SUPREME COURT 204
Court
Supreme Court of India
Petitioner
Govindammal
Respondent
R.Perumal Chettiar & Ors
Author
A.K.Mathur
Bench
A.K.Mathur, Altamas Kabir

Judgment text excerpt

The Supreme Court held that under Hindu Succession Act, the plaintiff, as the second wife of Raju Naidu, is entitled to a share in the properties inherited from him despite the existence of a settlement deed. The Court emphasized that the rights of a legal heir cannot be extinguished by a unilateral act of the other heirs, and that the partition suit was maintainable as the plaintiff was not a party to the earlier suits affecting the property. The Court ruled in favor of the plaintiff, allowing her claim for partition and separate possession of the properties.

Govindammal vs R.Perumal Chettiar & Ors · Niyam