Supreme Court of India · 2016-07-05
Subraya M.N vs Vittala M.N.& Ors
- Citation / case number
- AIR 2016 SUPREME COURT 3236
- Court
- Supreme Court of India
- Petitioner
- Subraya M.N
- Respondent
- Vittala M.N.& Ors
- Author
- R. Banumathi
- Bench
- R. Banumathi, Kurian Joseph
Judgment text excerpt
The Supreme Court upheld the trial court's decision granting partition of joint family property under Section partition of the Indian Succession Act. The Court found that the sale deed dated 28.04.1976 only pertained to plaintiffs No. 1 and 2, and plaintiffs No. 3 and 4 retained their rights to claim a share in the properties. The Court confirmed that the defendant failed to establish his claim over item No.3 as self-acquired property, thereby affirming the plaintiffs' entitlement to 1/3rd share each in items No.1 and 2 and the joint family nature of the properties.