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.