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Supreme Court of India 2025-03-25 dismissed

J. GANAPATHA AND OTHERS vs M/S. N. SELVARAJALOU CHETTY TRUST

Bench: 2 — Pankaj Mithal, S.V.N. Bhatti

In Brief

Padmini Chandrasekaran purchased disputed property through a court auction sale in 1962 and created a trust in 1972. She later executed a will bequeathing the property to a beneficiary (Vinayagamurthy). Somasundaram Chettiar, the original owner, had pledged the property as security and later willed it to his adopted son (Sarvothaman), who sold it to others (Defendants 3-6). The trial court found that Padmini acquired absolute title through the court sale, rendering Sarvothaman's will ineffective, and moulded relief in favour of Padmini's executor to enforce her bequest. The Supreme Court upheld this approach as a valid exercise of judicial discretion to avoid multiplicity of suits and effectuate the testator's genuine intention, while preventing unjust enrichment of subsequent purchasers.

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Property Law Succession and Wills Trusts Court Auction and Title Transfer Judicial Discretion and Moulding of Relief Civil Procedure

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