VidhiSangh

Supreme Court of India · 19/01/2024

RAJA GOUNDER AND OTHERS versus M. SENGODAN AND OTHERS

[2024] 1 S.C.R. 413 · 2024 INSC 47

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Summary

Documentary statements by a deceased common predecessor, made while he held an interest in the suit property, established the claimants as his children for succession purposes. The children were entitled to equal shares in the predecessor’s share, although the alleged marriages were not proved.

Issues

  1. Whether the partition claim could be moulded on the evidence of the deceased propositus’s treatment of the parties as his children, despite failure to prove the alleged marriages.
  2. Whether the children could share in the propositus’s notional share of the suit properties.

Provisions considered

Held

Result

Appeal allowed; the judgments below were set aside and a preliminary decree for partition was passed on the stated basis. No costs.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 413.