Supreme Court of India · 2013-07-15
ROHIT CHAUHAN vs SURINDER SINGH .
- Citation / case number
- SC 2011/22420
- Court
- Supreme Court of India
- Petitioner
- ROHIT CHAUHAN
- Respondent
- SURINDER SINGH .
- Author
- CHANDRAMAULI KR. PRASAD
- Bench
- V. GOPALA GOWDA CHANDRAMAULI KR. PRASAD
Judgment text excerpt
The Supreme Court held that the property in question, inherited by the plaintiff's father from his grandfather, is ancestral and cannot be alienated without the consent of the coparceners as per Hindu Succession principles. The Court ruled that the sale deeds executed by the father of the plaintiff were null and void, as they pertained to ancestral property, thus upholding the plaintiff's claim against the defendants. The Court emphasized that alienation of ancestral property is subject to the rights of all coparceners under Hindu law, leading to the reversal of the lower court's decision.