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september 2006

Supreme Court of India · 2006-09-18

ANAR DEVI vs PARMESHWARI DEVI .

Citation / case number
SC 2004/12902
Court
Supreme Court of India
Petitioner
ANAR DEVI
Respondent
PARMESHWARI DEVI .
Author
P.P. NAOLEKAR B.N. AGRAWAL
Bench
P.P. NAOLEKAR B.N. AGRAWAL

Judgment text excerpt

The Supreme Court addressed the partition of ancestral property under Section 6 of the Hindu Succession Act, 1956, clarifying that the interest of a deceased male Hindu in a Mitakshara coparcenary property devolves by survivorship unless there are female heirs specified in Class I of the Schedule. 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 decision to reverse the trial court's decree was upheld, confirming the plaintiffs' rightful shares in the ancestral property.

ANAR DEVI vs PARMESHWARI DEVI . · Niyam