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april 2013

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.

V.K. Surendra vs V.K. Thimmaiah & Ors · Niyam