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november 2016

Supreme Court of India · 2016-11-24

Ramesh Verma(D) Tr.Lrs vs Lajesh Saxena (D) By Lrs & Anr

Citation / case number
AIR 2017 SUPREME COURT 494
Court
Supreme Court of India
Petitioner
Ramesh Verma(D) Tr.Lrs
Respondent
Lajesh Saxena (D) By Lrs & Anr
Author
R. Banumathi
Bench
R. Banumathi, R.K. Agrawal

Judgment text excerpt

The Supreme Court addressed appeals arising from a partition suit, where the High Court had altered the trial court's decree regarding shares in joint Hindu family property. The Court held that the High Court erred in disbelieving the genuineness of Wills under Section 68 of the Indian Evidence Act, which were crucial for determining the rightful shares. The Court reaffirmed the applicability of Section 6 of the Hindu Succession Act, allowing females to seek partition, and ultimately restored the trial court's findings regarding the shares in the property.

Ramesh Verma(D) Tr.Lrs vs Lajesh Saxena (D) By Lrs & Anr · Niyam