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october 2008

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.

BABULAL KHANDELWAL vs BALKISHAN D. SINGHVI . · Niyam