Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Extent of entitlement Partition Partition of family property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Partition - Partition of family property - Extent of entitlement - There was no partition at the time of death of the collateral and hence the ancestors of appellants as well as the respondent who were surviving at that time were entitled to 50% share - On the relation back principle the adopted son (respondent) as well as the appellant were entitled to 50% share.175Dismissing the appeal, the CourtHELD: As there was no partition, succession did not Open at the time of death of the collateral in the year 1906. His widow had only a right of maintenance and never succeeded to the property. The ancestors of the appellants and respondents survived till the year 1909 and they were entitled to 50% share each in the properties and on the relation back principle the adopted son namely the respondent and the appellant are entitled to 50% share each in the suit properties. The findings of the courts below that the adoption of the respondent relates back to the death of his adoptive father and he is entitled to 50% share in the suit properties, are based on correct appreciation of facts and law and no interference is called for. [para 7] [180-C-F] |
Judge | Hon'ble Mr. Justice Chockalingam Nagappan |
Neutral Citation | 2014 INSC 1030 |
Petitioner | Lata Baburao Mane & Another |
Respondent | Ramachandra Balasaheb Mane (d) Through Lrs. |
SCR | [2014] 11 S.C.R. 175 |
Judgement Date | 2014-11-18 |
Case Number | 174 |
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