Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2013

Supreme Court of India · 2013-12-10

SEBASTIAO LUIS FERNANDES(DEAD)BY LRS&ORS vs K.V.P.SHASTRI .

Citation / case number
SC 1999/4476
Court
Supreme Court of India
Petitioner
SEBASTIAO LUIS FERNANDES(DEAD)BY LRS&ORS
Respondent
K.V.P.SHASTRI .
Author
V. Gopala Gowda
Bench
G.S. SINGHVI,V. GOPALA GOWDA,C. NAGAPPAN

Judgment text excerpt

The Supreme Court examined the appeal concerning the ownership of property bearing land registration No. 16413, originally claimed by Inacinha Fernandes in Civil Suit No. 14091 of 1948. The Court held that the original plaintiff was entitled to 1/3rd share of the property, which devolved upon her upon the death of her husband, Luis Fernandes. The Court ruled that the subrogation rights granted to the father of the first defendant were limited to 1/3rd share and not the entire property, thereby reversing the High Court's decision and restoring the trial court's decree.

SEBASTIAO LUIS FERNANDES(DEAD)BY LRS&ORS vs K.V.P.SHASTRI . · Niyam