Supreme Court · 2016 INSC 1053 · Decided 24 November 2016
Ramesh Verma (D) TR. LRS. v. Lajesh Saxena (D) BY LRS & ANR.
- Court
- Supreme Court of India
- Citation
- 2016 INSC 1053 · [2016] 11 S.C.R. 210
- Case number
- CIVIL APPEAL No. 8665/2010
- Decided
- 24 November 2016
- Bench
- R.K. AGRAWAL, R. BANUMATHI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 68; Hindu Succession Act Section 6, 23; Succession Act Section 68
Headnote
Hindu Succession Act, 1956: Applicability of - Suit for partition of property in dispute by respondent no.1-daughter (since deceased) - Trial court held the respondent no.l entitled to 1112'1' share - High Court increased 1he share of respondent 110.l to J!Jnl - Plea deceased) that property left behind by lhe father was governed by survivorship under the Hindu Mitakshara coparcenary !all' and not Hindu Succession Act, 1956- Held: The share received by appellants father after a notional partition in 1952 was his separate property and no lunger a Mitakshara
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