Supreme Court · 2022 INSC 733 · Decided 20 July 2022
Kasabai Tukaram Karvar & ORS. v. Nivruti (Dead) Through Legal Heirs & Ors
- Court
- Supreme Court of India
- Citation
- 2022 INSC 733 · [2022] 5 S.C.R. 899
- Case number
- CIVIL APPEAL No. 6076/2010
- Decided
- 20 July 2022
- Bench
- K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Hindu Succession Act; Succession Act
Headnote
Hindu Succession Act, 1956 - Succession prior to the Act - Share of daughter vis-à-vis adopted son, if any - Doctrine of relation back - Applicability of - Father of the first appellant-plaintiff (since deceased) died in 1948 - She was born soon in 1949 - Suit filed by the plaintiff seeking partition of the plaint schedule properties was eventually dismissed by High Court reversing the concurrent findings of the Trial Court and First Appellate Court - On appeal, held: In the present case, admittedly the succession opened
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