Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | by plaintiff- daughter-in-/aw against defendant-father-in-law Partition - Decree of partition - Claim of of the joint family properties seeking her late husband's share - Dismissed by trial court as also first appellate court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Partition - Decree of partition - Claim of, by plaintiff-daughter-in-/aw against defendant-father-in-law, of the jointfamily properties seeking her late husband's share -Dismissed by trial court as also first appellate court - Onappeal, held: Courts below erred in not granting share to theplaintiff in the schedule 'B' property despite the positive andsubstantive evidence of the defendant that the property wasa joint family property and the plaintiff's husband hadcontributed towards the construction of the property- Further,as regards gift deed allegedly executed by first defendant infavour of the second defendant-second son in respect of theschedule 'B 'property during the pendency of the proceedingsand before the expiry of the period of/imitation for filing SLP,said gift deed is hit by s. 52- Second defendant who claimedto be the beneficiary of the said property did not seek leaveof the court as done - In absence thereof, it would not affectthe relief sought by plaintiff, during the pendency of theproceedings before this Court - Also gift deed is invalid - Itcould not have been acted upon by defendants as plaintiffwas in possession of the second floor of the said property inher husband's independent right-Thus, Both Act, 1956,would come into operation in respect of the said property-Upon the death of first defendant, his property would devolveupon the husband of the plaintiff along with second defendantand other daughters of the deceased - Plaintiff and eachone of the defendants assigned 114'h share equally in thesaid property- Transfer of Property Act, 1882- s. 52- Codeof Civil Procedure, 1908 - Or. 22 r. 10 - Hindu SuccessionAct, 1956 - s. 8 |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2015 INSC 494 |
Petitioner | Kirpal Kaur |
Respondent | Jitender Pal Singh & Ors. |
SCR | [2015] 8 S.C.R. 51 |
Judgement Date | 2015-07-14 |
Case Number | 2820 |
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