VidhiSangh

Supreme Court of India · 13/03/2019

UMA MAHESH BANDEKAR AND ANOTHER versus VIVEK SADANAND MARATHE AND OTHERS

[2019] 5 S.C.R. 357 · 2019 INSC 359

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Summary

The Supreme Court held that a married daughter had succession rights in the lease premises in Goa inventory proceedings. The courts below wrongly applied the Rent Act’s tenant definition to an inheritance dispute. The lease had to be included in the assets and the partition chart amended despite its finalization while the challenge was pending.

Issues

  1. Whether a married daughter could succeed to the lease premises in inventory proceedings.
  2. Whether the later final partition chart made the pending challenge infructuous.

Provisions considered

Held

Result

Appeal allowed; Inventory Court and High Court orders set aside. Lease premises to be included and final partition and chart amended with the aid of Section 446. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 357.