Supreme Court of India · 2012-03-13
MAHESH KUMAR (D) BY LRS. vs VINOD KUMAR .
- Citation / case number
- SC 2004/20182
- Court
- Supreme Court of India
- Petitioner
- MAHESH KUMAR (D) BY LRS.
- Respondent
- VINOD KUMAR .
- Author
- G. S. Singhvi
- Bench
- SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI
Judgment text excerpt
The Supreme Court upheld the Madhya Pradesh High Court's decision to grant a declaration of ownership and possession to respondent No.1 based on the Will dated 9.6.1989 executed by Shri Harishankar, as per Section 30 of the Indian Succession Act, 1925. The Court emphasized that the appellant's claim regarding a subsequent Will dated 10.2.1992 was not substantiated, and the earlier partition was valid. The judgment confirmed the High Court's decree for possession and recovery of rent, thereby affirming the rights of the respondents over the joint family property.