Supreme Court of India · 2013-04-10
V.K. Surendra vs V.K. Thimmaiah & Ors
- Court
- Supreme Court of India
- Petitioner
- V.K. Surendra
- Respondent
- V.K. Thimmaiah & Ors
- Bench
- Sudhansu Jyoti Mukhopadhaya, G.S. Singhvi
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the suit schedule properties are joint family properties of late Shri Kunnaiah, thus entitling the plaintiff to a 1/50th share, contrary to the trial court's finding of self-acquisition. The Court emphasized that the burden of proof lies on the party claiming self-acquisition, and the Will presented by defendant No.3 was not sufficiently proven. The appeal was dismissed, affirming the High Court's decree regarding the shares of the parties involved.