Supreme Court · 2015 INSC 494 · Decided 14 July 2015

Kirpal Kaur v. Jitender Pal Singh & ORS.

Court
Supreme Court of India
Citation
2015 INSC 494 · [2015] 8 S.C.R. 51
Case number
CIVIL APPEAL No. 2820/2015
Decided
14 July 2015
Bench
V. GOPALA GOWDA, C. NAGAPPAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 52; Transfer of Property Act Section 52; Hindu Succession Act Section 8; Succession Act Section 8

Headnote

A B Partition - Decree of partition - Claim of, by plaintiff­ daughter-in-/aw against defendant-father-in-law, of the joint c family properties seeking her late husband's share - Dismissed by trial court as also first appellate court - On appeal, held: Courts below erred in not granting share despite the positive and substantive evidence of the defendant that the property was D a joint family property and the plaintiff's husband had contributed towards the construction of the property- Further, as regards gift deed allegedly executed by first defendant in favour of the second

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