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.