Supreme Court of India · 2009-04-15
G.SEKAR vs GEETHA .
- Citation / case number
- SC 2007/13546
- Court
- Supreme Court of India
- Petitioner
- G.SEKAR
- Respondent
- GEETHA .
- Author
- 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 the partition suit filed by the daughters, as the Will purportedly executed by Govinda Singh was not proven genuine. Consequently, the Court affirmed the lower court's decision to partition the property into eight equal shares, dismissing the appellant's claim based on the Will.