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Supreme Court of India 2016-07-05 partly_allowed

Subraya M.N vs Vittala M.N. & Ors

Bench: 2 — R. Banumathi

In Brief

Four brothers disputed partition of three properties after their father's death. Two older brothers (plaintiffs 1 and 2) had sold their shares in items 1 and 2 by registered deed; plaintiffs 3 and 4 (younger, former soldiers) claimed equal shares based on their contributions to family property. The defendant-appellant, who had obtained government title (patta) to item 3, argued it was his self-acquired property. The Supreme Court held: items 1 and 2 partition suit dismissed as plaintiffs 3 and 4 had settled their rights via panchayat resolution (corroborated by conduct); item 3, though titled to defendant, was family property acquired before any division of status occurred, so all four brothers plus defendant held 1/5 share each. Appeal partly allowed; plaintiffs 1 and 2 permitted to relinquish their item 3 share at final decree."

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Property Law Family Law Partition Registration Law Evidence Family Settlement Relinquishment of Rights

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