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.