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.