Supreme Court · 1993 INSC 286 · Decided 7 September 1993
Pavitri Devi and ANR. v. Darbari Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 1993 INSC 286 · [1993] SUPP. 2 S.C.R. 162
- Case number
- CIVIL APPEAL No. 1592/1993
- Decided
- 7 September 1993
- Bench
- KULDIP SINGH, K. RAMASWAMY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 22; Hindu Succession Act Section 3, 30; Succession Act Section 3
Headnote
Hindu Succession Act, 1956: Section 3(}-Testamentary Succes­ sion-Mitakshara Coparcenary-Suit for Partition-Held, deceased upon making a demand for partition stood divided from other members of copar­ cenary and became entitled to dispose of his undivided share and interest by testamentary effect after the death instead of eo-instantine on execution of document-Gift by a coparcener of his undivided interest is in­ valid. Section 6-Mitakshara Coparcenary-Devolution of interest-Suit for partition by coparcener--Plaintiff died pending litigation-Plaintiff's daughter being
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