Supreme Court of India · 2018-05-08
B.C. Singh (D) By Lrs. vs J.M. Utarid (D) By Lrs.
- Citation / case number
- AIR 2018 SUPREME COURT 2374
- Court
- Supreme Court of India
- Petitioner
- B.C. Singh (D) By Lrs.
- Respondent
- J.M. Utarid (D) By Lrs.
- Author
- S.Abdul Nazeer
- Bench
- S. Abdul Nazeer, N.V. Ramana
Judgment text excerpt
The Supreme Court held that the legal heirs of a deceased property owner must be determined according to the applicable succession laws, emphasizing that the presence of a preferential heir, such as Ida Utarid, precludes distant kindred from claiming a share. The Court found that the defendants, being mere licensees, had no ownership rights over the property, and their license had been duly terminated. The appeal was allowed, reversing the High Court's decision and affirming the First Appellate Court's decree in favor of the plaintiff, Dr. B.C. Singh's estate.