Supreme Court of India · 2018-04-10
CHOTANBEN vs KIRITBHAI JALKRUSHNABHAI THAKKAR
- Citation / case number
- SC 2017/25815
- Court
- Supreme Court of India
- Petitioner
- CHOTANBEN
- Respondent
- KIRITBHAI JALKRUSHNABHAI THAKKAR
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE A.M. KHANWILKAR, HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court upheld the appellants' claim for declaration and permanent injunction regarding ancestral property, emphasizing the need for consent in joint ownership as per the principles of property law. The Court found that the original defendants had transferred the property without the appellants' knowledge or consent, constituting fraud under the Indian Contract Act, 1872. The judgment of the Gujarat High Court was set aside, and the appellants were granted relief to prove their claims regarding the fraudulent sale deed.