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Supreme Court of India 2019-11-22 dismissed

RADHA BAI vs RAM NARAYAN

Bench: 2 — A.M. Khanwilkar, Dinesh Maheshwari

In Brief

Radha Bai, a great-granddaughter, claimed a share in ancestral property through her predeceased father Saheblal. The property was originally owned by Sukhdeo. After Sukhdeo's death in 1965, his sons Janakram and Pilaram partitioned the property in 1967, with Janakram receiving the disputed land. Janakram sold it in 1979. The Supreme Court held that Saheblal, being the grandson of Sukhdeo who predeceased him, was not a Class I heir under the Hindu Succession Act, 1956. Therefore, Radha Bai could claim no higher right than her father. Since Janakram held the property in his individual capacity after partition, he could alienate it freely. The appeal was dismissed.

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Hindu Law Succession Mitakshara Coparcenary Joint Family Property Partition Class I Heirs

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