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april 2009

Supreme Court of India · 2009-04-15

G.Sekar vs Geetha & Ors

Citation / case number
AIR 2009 SUPREME COURT 2649
Court
Supreme Court of India
Petitioner
G.Sekar
Respondent
Geetha & Ors
Author
S.B. Sinha
Bench
Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the implications of the omission of Section 23 of the Hindu Succession Act, 1956, by the Hindu Succession (Amendment) Act, 2005, in the context of a partition suit involving the estate of Govinda Singh. The Court held that the absence of Section 23 does not bar the maintainability of a partition suit filed by the daughters, despite the appellant's claim of absolute vesting of property through a disputed Will dated 29.11.1995. The Court affirmed the lower court's decision to partition the property into eight equal shares, granting two shares to the plaintiffs.

G.Sekar vs Geetha & Ors · Niyam