Supreme Court of India · 2009-05-05
Maddineni Koteswara Rao vs Maddineni Bhaskara Rao & Anr
- Court
- Supreme Court of India
- Petitioner
- Maddineni Koteswara Rao
- Respondent
- Maddineni Bhaskara Rao & Anr
- Author
- Tarun Chatterjee
- Bench
- Harjit Singh Bedi, Tarun Chatterjee
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of the appellant's Civil Revision Case, affirming the trial court's preliminary decree that declared the partition deed dated 17th May 1966 as void and ineffective under Section 30 of the Indian Succession Act. The Court established that a deed executed without proper understanding and consent can be deemed a sham transaction. The Court also noted that the probate of the Will executed by M. Veera Raghavaiah was not contested by any legal representatives, thus refraining from addressing the probate issue.