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december 2010

Supreme Court of India · 2010-12-09

MAN SINGH (DEAD) BY LR. vs RAM KALA (DEAD) BY LRS. .

Citation / case number
SC 2004/8808
Court
Supreme Court of India
Petitioner
MAN SINGH (DEAD) BY LR.
Respondent
RAM KALA (DEAD) BY LRS. .
Author
R.M. LODHA
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court held that under the Hindu Succession Act, 1956, Shingari inherited a 1/10th share of the property left by Soran, and thus had no authority to alienate the property to her son Man Singh from her first marriage. The Court found that the decree obtained by Man Singh was null and void as it was based on a family settlement that was not legally valid. The judgment of the High Court restoring the decree of the Sub-Judge was upheld, affirming the legal principle that inheritance rights under the Hindu Succession Act cannot be circumvented by family settlements that contravene statutory provisions.

MAN SINGH (DEAD) BY LR. vs RAM KALA (DEAD) BY LRS. . · Niyam