Supreme Court of India · 2008-09-15
C.KRISHNAN vs KISTAMMAL .
- Citation / case number
- SC 2007/6455
- Court
- Supreme Court of India
- Petitioner
- C.KRISHNAN
- Respondent
- KISTAMMAL .
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court held that the Madras High Court erred in setting aside the trial court's decree regarding partial relief in a suit without an appeal concerning that relief. The Court established that shares obtained through family division pass to heirs by succession, not by survivorship, as per established principles of Hindu law. Consequently, the appeal was allowed, and the decrees of both lower courts regarding items 1 to 9 of the suit properties were set aside, while the decree for item 10 was upheld.