In Brief
In this partition suit decided by the Supreme Court, a widow (Lajesh Saxena) claimed a share in her late husband's joint family property. The trial court had accepted three Wills that would have reduced her entitlement, but the High Court rejected all three Wills as improperly executed under the Indian Evidence Act. The Supreme Court upheld the High Court's judgment. It held that after the Hindu Succession Act 1956, female heirs like Lajesh Saxena have a right to partition the family property. The Wills failed because witnesses gave contradictory evidence and had conflicts of interest. The house property, being partially let out for rent, was held available for partition, entitling Lajesh Saxena to a one-third share.
The lawyer headnote and full judgment text are available to registered users.