Supreme Court of India · 2006-09-18
Anar Devi And Ors vs Parmeshwari Devi And Ors
- Citation / case number
- AIR 2006 SUPREME COURT 3332
- Court
- Supreme Court of India
- Petitioner
- Anar Devi And Ors
- Respondent
- Parmeshwari Devi And Ors
- Bench
- B.N. Agrawal, P.P. Naolekar
Judgment text excerpt
The Supreme Court addressed the partition of ancestral property under Section 6 of the Hindu Succession Act, 1956, emphasizing that the interest of a deceased coparcener is determined by a notional partition. The Court held that the trial court's ex-parte decree granting one-third share to each plaintiff was erroneous, as they were entitled to one-sixth share each. The appellate authority's reversal of the trial court's decree was upheld, confirming the plaintiffs' rightful shares in the ancestral property.