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Supreme Court of India 2018-04-27 allowed

A. Dharmalingam (Dead) by LRs vs V. Lalithambal & Ors. etc. etc

Bench: 2 — Uday Umesh Lalit

In Brief

The appellant purchased undivided shares in property through sale deeds from two co-owners. The trial court awarded him a half share, but the lower appellate and High Courts held that because the four sons of one seller were not parties to the suit, his valid share was limited to 1/24 (his share within his branch). Combined with the second seller's full 1/4 share, the courts computed his entitlement as 5/24. The Supreme Court agreed with this reasoning but corrected the arithmetic: 1/24 + 1/4 = 7/24, not 5/24. The appeals were allowed to this extent.

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Property Law Partition Sale Deed Civil Procedure Joint Family Property

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