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july 2013

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.

ROHIT CHAUHAN vs SURINDER SINGH . · Niyam