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january 2024

Supreme Court of India · 2024-01-19

RAJA GOUNDER AND ORS. vs M.SENGODAN AND ORS.

Citation / case number
SC 2007/21288
Court
Supreme Court of India
Petitioner
RAJA GOUNDER AND ORS.
Respondent
M.SENGODAN AND ORS.
Author
S.V.N. BHATTI M.M. SUNDRESH
Bench
HON'BLE MR. JUSTICE S.V.N. BHATTI HON'BLE MR. JUSTICE M.M. SUNDRESH

Judgment text excerpt

The Supreme Court upheld the dismissal of the partition suit filed by Respondent Nos. 1 and 2 under the Hindu Succession Act, 1956, emphasizing that the existence of a coparcenary and ancestral property must be established through credible evidence. The Court found that the Trial Court correctly ruled that Respondent No. 2's marriage to Muthusamy Gounder was not proven, thereby negating the claim for partition. The Court affirmed the lower courts' decisions, reinforcing the principle that legal heirs must be clearly identified for partition claims to succeed.

RAJA GOUNDER AND ORS. vs M.SENGODAN AND ORS. · Niyam