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october 2008

Supreme Court of India · 2008-10-16

Babulal Khandelwal & Ors vs Balkishan D. Singhvi & Ors

Citation / case number
AIR 2009 SUPREME COURT 67
Court
Supreme Court of India
Petitioner
Babulal Khandelwal & Ors
Respondent
Balkishan D. Singhvi & Ors
Author
Altamas Kabir
Bench
Markandey Katju, Altamas Kabir

Judgment text excerpt

The Supreme Court held that in a suit for administration of the estate of a deceased, transactions concluded by the deceased during their lifetime cannot be questioned, and thus, parties involved in such transactions are not necessary parties to the suit. The Court relied on precedents including Sunil Gupta vs. Kiran Girhotra, where it was established that a transferee of property is not a necessary party in probate proceedings. The Court set aside the High Court's order that had erroneously impleaded the appellants as defendants in the administration suit, affirming that their inclusion was fundamentally flawed.

Babulal Khandelwal & Ors vs Balkishan D. Singhvi & Ors · Niyam