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april 2011

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.

Ganeshi (D) By Lrs. & Ors vs Ashok & Anr · Niyam