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july 2013

Supreme Court of India · 2013-07-15

Rohit Chauhan vs Surinder Singh & Ors

Citation / case number
AIR 2013 SUPREME COURT 3525
Court
Supreme Court of India
Petitioner
Rohit Chauhan
Respondent
Surinder Singh & Ors
Author
Chandramauli Kr. Prasad
Bench
Chandramauli Kr. Prasad, V. Gopala Gowda

Judgment text excerpt

The Supreme Court ruled that the property in question, inherited by the plaintiff's father from his grandfather, is ancestral and thus cannot be alienated without the consent of all coparceners as per Hindu Succession Act, 1956, particularly Section 6. The court held that the release deed and sale deeds executed by the plaintiff's father were null and void, affirming the plaintiff's right to challenge these transactions. The court emphasized that ancestral property remains undivided and cannot be transferred unilaterally by one coparcener.

Rohit Chauhan vs Surinder Singh & Ors · Niyam