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.