Supreme Court · 1996 INSC 631 · Decided 7 May 1996
SMT. Vijayalakshmi v. B. Himantharaja Chetty and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 631 · [1996] SUPP. 2 S.C.R. 382
- Case number
- CIVIL APPEAL No. 1298/1979
- Decided
- 7 May 1996
- Bench
- M.M. PUNCHHI, S.C. SEN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Pre-emption-Right of-Conferred under partition deed-l'wtition of property between two brotlw:< and their father-Partition deed entitled a party to dispose of property allotted to him but not to any 'stranger' without giving C the parties opp01tunity to buy it by pre-emption-One brother against foster child claiming property in enforcement of his right of pre-emption-Held : foster child had long association with her foster parents-Hence, she was not 'stranger' to family-Other brother not entitled D to enforce his light of pre-emption against foster child. E F Words and
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)