Supreme Court of India
B.C. Singh (d) by Lrs. v. J.M. Utarid (d) by Lrs.
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What the Court ordered
We find no merit in the contention of the respondents that they are entitled to succeed 1/4th share in the property. We, therefore, allow this appeal, set aside the judgment and decree of the High Court and restore the judgment of the First Appellate Court. There will be no orders as to costs.
Judgment, 21
From the headnote
Succession Act, 1925 – ss.24,25,26,33,35,47 and 48 – Original plaintiff and his wife (both Christians) purchased an immovable property – Both held equal share in the property – Wife invited her relative with his family to stay with them at their property – Wife expired, without leaving any issue – After some time, dispute arose between the plaintiff and his wife's relative for possession – Wife's relative asserted share in the property through succession – Thereafter, plaintiff and his wife's relative both died and their legal representatives were brought on record – Legal representatives of plaintiff contended that neither relative of plaintiff's wife nor his children were the co-owners of the suit property and further even if they were related to wife of plaintiff they could not succeed to her share since sister of plaintiff's wife was alive…
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