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september 2006

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.

Anar Devi And Ors vs Parmeshwari Devi And Ors · Niyam