Supreme Court of India · 2010-11-25
Gopal Swaroop vs Krishna Murari Mangal & Ors
- Court
- Supreme Court of India
- Petitioner
- Gopal Swaroop
- Respondent
- Krishna Murari Mangal & Ors
- Author
- T.S. Thakur
- Bench
- T.S. Thakur, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the partition of joint family property, affirming that the plaintiff is entitled to a 1/5th share in the joint family property and goodwill of the family business. The Court found that the execution of the Will by the deceased, which purported to exclude the plaintiff from a larger share, was satisfactorily established and free from suspicious circumstances. The Court reiterated the principles of partition under Hindu law, particularly in relation to the devolution of property upon the death of a coparcener, and upheld the findings of the lower courts regarding the shares of the parties involved.