Supreme Court of India · 2010-11-25
GOPAL SWAROOP vs KRISHNA MURARI MANGAL .
- Citation / case number
- SC 2002/11636
- Court
- Supreme Court of India
- Petitioner
- GOPAL SWAROOP
- Respondent
- KRISHNA MURARI MANGAL .
- Author
- T.S. THAKUR
- Bench
- MARKANDEY KATJU,T.S. THAKUR, , ,
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 inheriting the property, was satisfactorily established and rejected claims of suspicious circumstances surrounding the Will. The Court held that the plaintiff's notice of intention to separate effectively initiated a division of joint family shares under applicable family law principles.