Supreme Court of India · 2014-03-14
KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE vs TARABAI PRABHAKARRAO NALAWADE .
- Citation / case number
- SC 2009/19364
- Court
- Supreme Court of India
- Petitioner
- KESHARBAI @ PUSHPABAI EKNATHRAO NALAWADE
- Respondent
- TARABAI PRABHAKARRAO NALAWADE .
- Author
- SURINDER SINGH NIJJAR
- Bench
- A.K. SIKRI SURINDER SINGH NIJJAR
Judgment text excerpt
The Supreme Court upheld the High Court's decision regarding the partition of property, affirming that the agricultural lands and house property at Chikalthana and Neem Dongri were not subject to the plaintiffs' claims. However, it reversed the High Court's ruling on the house property at Nageshwarwadi, determining it to be the self-acquired property of the deceased Eknathrao. The Court emphasized the need for clear evidence of joint ownership under the relevant provisions of the Transfer of Property Act, 1882, and clarified the legal principles governing partition and ownership rights.