Supreme Court of India · 2011-04-04
Ganeshi (D) By Lrs. & Ors vs Ashok & Anr
- Citation / case number
- AIR 2011 SUPREME COURT 1340
- Court
- Supreme Court of India
- Petitioner
- Ganeshi (D) By Lrs. & Ors
- Respondent
- Ashok & Anr
- Author
- Markandey Katju
- Bench
- Gyan Sudha Misra, Markandey Katju
Judgment text excerpt
The Supreme Court upheld the principle that ancestral property among Hindus cannot be alienated without legal necessity or consideration, as per customary law. The Court ruled that the decree obtained by defendants 2 to 5 in Civil Suit No. 476 of 1978 was null and void, as it violated the rights of the plaintiffs, who are the heirs of defendant No. 1. The Court emphasized that the plaintiffs, being minors, had a legitimate claim to inherit the suit land upon the death of defendant No. 1, thus reversing the High Court's decision.