Supreme Court · 1995 INSC 811 · Decided 30 November 1995

Muthuswami Nadar and ORS. v. Ramakrishnan Nadar and ORS.

Court
Supreme Court of India
Citation
1995 INSC 811 · [1995] SUPP. 6 S.C.R. 12
Case number
CIVIL APPEAL No. 1607/1981
Decided
30 November 1995
Bench
FAIZAN UDDIN, SUJATA V. MANOHAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Hindu Marriage Act Section 26; Hindu Succession Act Section 20; Succession Act

Headnote

Hindu Marriage Act, 1956: Section 26. Unmarried so1t-Death-l'rope1ty-Devolution 011 mother-Death of C mother-Devolution of property 011 her daughters-Sale deed executed by daughters-Held valid. A partition suit filed by the appellants on the basis of two sale deeds executed in their favour by R invalid. The Trial Court held that sale D effected by both the vendors was valid as they had inherited an interest in land from their mother, K. The first Appellate Court held that vendors' mother, who was a christian, could not have succeeded to the property of her son U who died as a Hindu.

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