Supreme Court · 2009 INSC 962 · Decided 29 July 2009
M. Yogendra & ORS. v. Leelamma N. & Ors
- Court
- Supreme Court of India
- Citation
- 2009 INSC 962 · [2009] 12 S.C.R. 38
- Case number
- CIVIL APPEAL No. 4818/2009
- Decided
- 29 July 2009
- Bench
- S.B. SINHA, DEEPAK VERMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 50; Hindu Marriage Act Section 5, 16; Hindu Succession Act Section 6, 8; Succession Act Section 6, 8
Headnote
HINDU SUCCESSION ACT, 1956: ss. 6 and 8 - Coparcenery property in the hands of sole coparcener - On his death, shares claimed by his daughters, children of deceased daughter and the son born out of the second marriage - Held: The son would inherit the properties not as coparcener - Therefore, and not s. 6 - Hindu Marriage Act, 1955 - ss.5 and 16 - Evidence Act, 1872 - s.50 Evidence Act, 1872 - s. 50 - Opinion of relationship - Factum of marriage - Held: Evidence of relatives was admissible not only from the point of view that they were the persons who could depose about the
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