Supreme Court · 2009 INSC 504 · Decided 15 April 2009
Shyam Lal @ Kuldeep v. Sanjeev Kumar & Ors
- Court
- Supreme Court of India
- Citation
- 2009 INSC 504 · [2009] 5 S.C.R. 1049
- Case number
- CIVIL APPEAL No. 2888/2001
- Decided
- 15 April 2009
- Bench
- DALVEER BHANDARI, H.L. DATTU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act; Hindu Succession Act Section 30, 4; Succession Act Section 30
Headnote
HINDU SUCCESSION ACT, 1956: s.30 rlw s.4 - Will in respect of ancestral property- Held: c There being concurrent findings of courts below that the will had validly been executed, and the findings being purely on a question of fact, i.e., with regard to execution of will, High Court rightly held in second appeal - In view of s.30 rlw s.4, a male Hindu 0 governed by Mitakshara system is not debarred from making a will in respect of ancestral property - Besides, considering as a whole, as set out in the plaint, suit was not within time - Limitation. EVIDENCE ACT, 1872: E s. 112 - Birth
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