Supreme Court of India · 2008-10-16
BABULAL KHANDELWAL vs BALKISHAN D. SINGHVI .
- Citation / case number
- SC 2006/9510
- Court
- Supreme Court of India
- Petitioner
- BABULAL KHANDELWAL
- Respondent
- BALKISHAN D. SINGHVI .
- Author
- ALTAMAS KABIR
- Bench
- ALTAMAS KABIR,MARKANDEY KATJU, , ,
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 posthumously, and thus, parties involved in such transactions are not necessary parties to the suit. The Court referred to the precedent in Sunil Gupta vs. Kiran Girhotra, emphasizing that a transferee of property is not a necessary party in probate proceedings. The High Court's decision to implead the appellants was deemed erroneous, leading to the appeal being allowed and the High Court's order set aside.