Supreme Court · 2008 INSC 907 · Decided 5 August 2008
Baljinder Singh v. Rattan Singh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 907 · [2008] 11 S.C.R. 904
- Case number
- CIVIL APPEAL No. 598/2005
- Decided
- 5 August 2008
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 109, 65
Headnote
-f Hindu Law: Alienation of undivided co-parcenary property - By way 1.- .- c of Gift, Sale and Will - Validity of- Held: Gift by a co-parcener .. of his undivided interest in the co-parcenary property is void - In the facts and circumstances, Will was correctly found by courts below surrounded - Hence, alienation thereby not valid - Validity of sale needs to D be decided on the basis of factual scenario - Hence matter remitted to High Court to decide its validity in the facts by con- sidering applicability of s. 109 of Limitation Act - High Court ~ by applying s. 65 of Limitation
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