Supreme Court · 2011 INSC 258 · Decided 4 April 2011

Ganesh (D) BY LRS. & ORS. v. Ashok & ANR.

Court
Supreme Court of India
Citation
2011 INSC 258 · [2011] 4 S.C.R. 215
Case number
CIVIL APPEAL No. 5514/2005
Decided
4 April 2011
Bench
MARKANDEY KATJU, GYAN SUDHA MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 100

Headnote

PARTITION: A B Family settlement - Land gifted to sons of pre- deceased c son of the tenure-holder- Later, by way of a family settlement other agricultural lands settled amongst other heirs - Decree in a civil suit passed in terms of the settlement - Subsequent suit by sons of the deceased son for suit as null and void - Held: Lands with the tenure- 0 holder were not ancestral property :-- A family settlement is not a transfer of property - The first appellate court rightly held that the family settlement was bona fide to avoid dispute in the family :-- High Court, in second appeal, was

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