SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Chh) 168

SANJAY K.AGRAWAL
BUTAKIBAI – Appellant
Versus
SUKHBATI – Respondent


Advocates:
Advocate Appeared:
Mr. Prafull N. Bharat, Advocate, for the Appellants/defendants.
Mr. Ashish Surana, Advocate, for the Respondent No.1/plaintiff.

JUDGMENT

1. The substantial questions of law formulated and to be answered by this Court in defendants' second appeal are as under:-

"(i) Whether in view of the bar contained in sub-section (2) of Section 2 of Hindu Succession Act, the lower appellate Court was justified in applying the provisions of Hindu Succession Act in the present case?

(ii) Whether in view of the admissions made by the plaintiff in paragraph 7 of her testimony, the lower appellate Court was wrong in holding that no custom relating to disentitlement of a female to inheritance of the property existed?"

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court.]

2. The imperative facts required for determination of this second appeal are as under:-

2.1 The following is the Genealogy, demonstrating relationship of the parties :-

Laxman (Died) Son of Nakul Halba

Basanti Bai W/o. Manbodh (Daughter, died 8.2.1989) Balram Singh (Son) (died on 26.03.1993) = Butaki Bai (wife)/Def.-1

Sukhbati (Daughter) Plaintiff Daymati Def. No. 6 Sonmati (Daughter) Def. No.7 Ashok (Son) Def.8 Bujlata


























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top