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july 2016

Supreme Court of India · 2016-07-05

SUBRAYA M.N. vs VITTALA M.N..

Citation / case number
SC 2008/20490
Court
Supreme Court of India
Petitioner
SUBRAYA M.N.
Respondent
VITTALA M.N..
Author
R. BANUMATHI
Bench
R. BANUMATHI KURIAN JOSEPH

Judgment text excerpt

The Supreme Court upheld the High Court's decision confirming the trial court's decree for partition of joint family property under the Hindu Succession Act, 1956. 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 partition. The Court ruled that the appellant's claim of self-acquisition of item No. 3 was not substantiated, affirming the plaintiffs' entitlement to a 1/5th share each in the joint family property.

SUBRAYA M.N. vs VITTALA M.N.. · Niyam