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september 2008

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.

C.KRISHNAN vs KISTAMMAL . · Niyam