VidhiSangh

Supreme Court of India · 08/05/2018

B.C. SINGH (D) BY LRS. versus J.M. UTARID (D) BY LRS.

[2018] 7 S.C.R. 747 · 2018 INSC 458

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Summary

The Supreme Court rejected distant relatives’ claim to co-ownership of property left by an Indian Christian who died intestate. Her surviving sister was the preferential heir to the portion passing to kindred, notwithstanding the sister’s Pakistani nationality. The husband held three-fourths of the jointly purchased property after succession and the sister the remaining one-fourth. The defendants inherited no share through the deceased. The High Court decree was set aside and the first appellate decree for possession restored.

Issues

  1. Whether a surviving sister excluded more distant collateral relatives from intestate succession.
  2. Whether foreign nationality barred the sister from inheriting under the Indian Succession Act.
  3. Whether the defendants could resist possession by claiming an inherited share.

Provisions considered

Held

Result

Appeal allowed; High Court judgment and decree set aside and the First Appellate Court’s decree restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 747.