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july 2019

Supreme Court of India · 2019-07-02

PHAREZ JOHN ABRAHAM(DEAD) BY LRS. vs ARUL JOTHI SIVASUBRAMANIAM K. AND ORS. ETC. ETC.

Citation / case number
SC 2007/30467
Court
Supreme Court of India
Petitioner
PHAREZ JOHN ABRAHAM(DEAD) BY LRS.
Respondent
ARUL JOTHI SIVASUBRAMANIAM K. AND ORS. ETC. ETC.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE ARUN MISHRA

Judgment text excerpt

The Supreme Court addressed the issue of partition and inheritance rights under Hindu law, specifically in relation to the estate of John D. Abraham. The Court held that the children of a deceased individual, including those born out of wedlock, are entitled to a share in the estate, as per the principles of Hindu succession. The judgment emphasized the need for proper representation of all heirs in partition suits, thereby upholding the rights of the plaintiffs to seek partition and separate possession of the estate under Section 8 of the Hindu Succession Act, 1956.

PHAREZ JOHN ABRAHAM(DEAD) BY LRS. vs ARUL JOTHI SIVASUBRAMANIAM K. AND ORS. ETC. ETC. · Niyam