Supreme Court · 2026 INSC 613 · Decided 1 June 2026

Darubai & ANR. v. Kamalabai & ORS.

Court
Supreme Court of India
Citation
2026 INSC 613 · [2026] 7 S.C.R. 1
Case number
CIVIL APPEAL No. 8358/2026
Decided
1 June 2026
Bench
SANJAY KAROL, AUGUSTINE GEORGE MASIH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Hindu Succession Act Section 8; Succession Act Section 8

Headnote

Whether the defendant could avail the ground of legal necessity as 'karta' of the family, and whether the parties to the lis, would succeed to the suit properties as tenants in common or joint tenants, since their rights flow from s.8 of the Hindu Succession - s.8 - The four plaintiffs including the present respondent had filed suit for partition and separate possession claiming to be 4/5th owners of the property of late Da, being the successors-in-interest as his daughters along with Di, who is the wife of Da - In other words,

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