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december 2013

Supreme Court of India · 2013-12-10

Sebastiao Luis Fernandes(Dead)By ... vs K.V.P.Shastri & Ors

Citation / case number
AIRONLINE 2013 SC 579
Court
Supreme Court of India
Petitioner
Sebastiao Luis Fernandes(Dead)By ...
Respondent
K.V.P.Shastri & Ors
Author
V. Gopala Gowda
Bench
C. Nagappan, V. Gopala Gowda, G.S. Singhvi

Judgment text excerpt

The Supreme Court examined the appeal against the High Court's judgment regarding ownership of property under land registration No.16413. The Court held that the original plaintiff's claim to 1/3rd of the property was valid, as it devolved upon her husband after the death of his father, Francisco Fernandes. The Court emphasized the principle of subrogation and clarified that the transfer of property rights should have been limited to the 1/3rd share, not the entire property. The appeal was allowed, reversing the High Court's decision.

Sebastiao Luis Fernandes(Dead)By ... vs K.V.P.Shastri & Ors · Niyam