Supreme Court · 1996 INSC 495 · Decided 8 April 1996
M/S. Taraknath and ANR. v. Sushil Chandra Dey BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 495 · [1996] SUPP. 1 S.C.R. 97
- Case number
- CIVIL APPEAL No. 7521/1996
- Decided
- 8 April 1996
- Bench
- K. RAMASWAMY, G.B. PATTANAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 116; Registration Act Section 17
Headnote
Mohammedan Law : _ Gift-Relinquishment of right by sisters in the property left by their fathei in favour of their brothers-Held, it would be open to sisters to relinquish their 1ight by way of gift, even oral, which is valid in personal law-Since tenant has been in occupation, it would be Family settlement : Property left by Mohammedan father-Held, it would be open to. brothers to resolve the prospective dispute by way of family settlement.-lt is not necessary that all brothers be presellt at the settlement-One of the brothers living abroad can auth01ise other brothers to
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