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november 2016

Supreme Court of India · 2016-11-24

RAMESH VERMA(D) TR.LRS. vs LAJESH SAXENA (D) BY LRS

Citation / case number
SC 2008/4175
Court
Supreme Court of India
Petitioner
RAMESH VERMA(D) TR.LRS.
Respondent
LAJESH SAXENA (D) BY LRS
Author
R. BANUMATHI
Bench
R. BANUMATHI R.K. AGRAWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the execution of Wills D/1 and D/2 was not proved in accordance with Section 68 of the Indian Evidence Act, leading to the disbelieving of their genuineness. The Court affirmed the High Court's ruling that the plaintiff, Lajesh Saxena, is entitled to a 1/3rd share in the joint Hindu family property instead of the previously determined 1/12th share. The judgment clarified the application of Section 6 of the Hindu Succession Act regarding the rights of female heirs to seek partition in joint family properties.

RAMESH VERMA(D) TR.LRS. vs LAJESH SAXENA (D) BY LRS · Niyam