VidhiSangh

Supreme Court of India · 22/11/2019

RADHA BAI versus RAM NARAYAN & ORS.

[2019] 17 S.C.R. 119 · 2019 INSC 1273

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Summary

A granddaughter sought partition and possession through her father, who had died before both his father and grandfather. The Supreme Court upheld rejection of the claim on the succession history before it. The property had devolved on the great-grandfather’s two surviving sons and, upon their partition, become the grandfather’s exclusive share, which he sold during his lifetime. The claimant could assert no higher entitlement than her father, and neither partition nor the registered sale had been challenged.

Issues

  1. Whether the claimant could obtain partition through her predeceased father in the property subsequently allotted to her grandfather.
  2. Whether the grandfather’s partition share could be disposed of during his lifetime.

Provisions considered

Held

Result

Appeal dismissed without costs. The High Court judgment rejecting the partition and possession claim was upheld; pending applications were disposed of.

Judgment PDF: Supreme Court of India, [2019] 17 S.C.R. 119.