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Supreme Court of India 2016-09-15 allowed

R. Mahalakshmi vs A. Kanchana and Ors

Bench: 1 — L. Nageswara Rao

In Brief

The case concerns a partition dispute among siblings regarding ancestral property inherited by their father. The appellant, a daughter who married after the 1989 amendment to the Hindu Succession Act (Tamil Nadu), claimed equal coparcenary rights. The Supreme Court had previously (in Civil Appeal No. 5053 of 2009) remitted the case to the trial court noting that not all inherited properties were included in the suit schedule. The High Court misinterpreted this remand as permitting only procedural amendments. The Supreme Court held the High Court erred, upheld the first appellate court's remand judgment, and clarified that all inherited properties must be included in the partition suit for proper adjudication.

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Hindu Succession Law Women's Rights in Property Coparcenary Partition Civil Procedure - Remand Family Law

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