Supreme Court of India
Gaiv Dinshaw Irani & Ors. v. Tehmtan Irani & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the . transfer of tenancy by BMC in the name of Dinshaw is ill.egal and void ab initio.
Judgment, page 35
From the headnote
Government land - Tenancy rights - Disposal of by means of a will - Explained - Original tenant bequeathing the property by a will in favour of his children and wife - Appointing his wife as a residuary legatee - Wife died intestate - Held: 0 As per s.52 of Indian Succession Act, prior to the amendment of"1991, a Parsi female intestate's property shall be divided equally amongst her children and the statute does not distinguish between step-childre~ and children - Tenancy which was jointly held by residuary legatee and her. sons devolved upon her sons on her death by virtue of their being
Authorities it was built on
- 1975 Pasupuleti Venkateswarlu v. The Motor & General Traders
- 2005 Sangramsinh P. Gaekwad and Ors. v. Shantadevi P. Gaekwad (i) Thr. Lrs. and Ors.
- 1994 Vasant Pratap Pandit v. Dr. Anant Trimbak Sabnis
- 2010 Seshambal (dead) through L.rs. v. M/s. Chelur Corporation Chelur Building and Ors.
- 1986 Bhavarlal Labhchand Shah v. Kanaiyalal Nathalal Intawala
- 2006 Bihar State Financial Corpn. and Ors. v. Mis. Chemicot India Pvt. Ltd. and Ors.
Where later benches applied it
- 2021 State of M.P. v. Ghisilal
- 2018 Samir Narain Bhojwani v. M/s. Aurora Properties and Investments and Anr.
- 2016 Vishram @ Prasad Govekar & Ors. v. Sudesh Govekar (d) by Lrs. & Ors.
- 2015 K.B. Ramachandra Raje Urs (dead) by Lrs. v. State of Karnataka& Ors. Etc.
Of those, 1 referred to · 3 mentioned
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.