Supreme Court of India
Kasabai Tukaram Karvar & Ors. v. Nivruti (dead) through Legal Heirs & Ors
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the aforesaid discussion, the appellants have not made out a case for any interference.
Judgment, page 10
From the headnote
Hindu Succession Act, 1956 – Succession prior to the Act – Share of daughter vis-à-vis adopted son, if any – Doctrine of relation back – Applicability of – Father of the first appellant-plaintiff (since deceased) died in 1948 – She was born soon thereafter – Her mother adopted a son (first defendant) in 1949 – Suit filed by the plaintiff seeking partition of the plaint schedule properties was eventually dismissed by High Court reversing the concurrent findings of the Trial Court and First Appellate Court – On appeal, held: In the present case, admittedly the succession opened up prior to the…
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