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april 2011

Supreme Court of India · 2011-04-04

GANESHI (D) BY LRS. vs ASHOK

Citation / case number
SC 2005/14875
Court
Supreme Court of India
Petitioner
GANESHI (D) BY LRS.
Respondent
ASHOK
Author
Markandey Katju
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court upheld the Punjab & Haryana High Court's decision regarding the validity of a prior decree in Civil Suit No. 476 of 1978, emphasizing that under customary law, ancestral property cannot be alienated without legal necessity. The Court ruled that the plaintiffs, being the heirs of the deceased Ramgopal, have a right to inherit the suit land upon the death of defendant No. 1, Ganeshi. The Court declared the earlier decree null and void, reinforcing the principle that alienation against customary law does not extinguish heirs' rights.

GANESHI (D) BY LRS. vs ASHOK · Niyam