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

SCR Citation: [2018] 7 S.C.R. 747
Year/Volume: 2018/ Volume 7
Date of Judgment: 08 May 2018
Petitioner: B.C. SINGH (D) BY LRS.
Disposal Nature: Appeal Allowed
Neutral Citation: 2018 INSC 458
Judgment Delivered by: Hon'ble Mr. Justice S. Abdul Nazeer
Respondent: J.M. UTARID (D) BY LRS.
Case Type: CIVIL APPEAL/6935/2011
Order/Judgment: Judgment
1. Headnote

Succession Act, 1925 – ss.24,25,26,33,35,47 and 48 –Original plaintiff and his wife (both Christians) purchased animmovable property – Both held equal share in the property – Wifeinvited her relative with his family to stay with them at their property– Wife expired, without leaving any issue – After some time, disputearose 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 legalrepresentatives were brought on record – Legal representatives ofplaintiff contended that neither relative of plaintiff ’s wife nor hischildren were the co-owners of the suit property and further even ifthey were related to wife of plaintiff they could not succeed to hershare since sister of plaintiff ’s wife was alive – Held: Plaintiff alreadyheld half share in the property by virtue of the sale deed and ondeath of his wife he succeeded half of the share in the propertyheld by his wife as provided u/s.33(b) r/w. s.35 of the Act – Thus, heheld 3/4th share in the entire property – Now, insofar as 1/4th sharewas concerned, wife of plaintiff did not leave behind any linealdescendant and left behind only her sister – Her sister was the onlynear kindred and preferential heir of the intestate and she wouldsucceed to 1/4th share in the property – Legal representatives ofwife’s relative being a distant kindred would not be entitled tosucceed any share in the property since the intestate has left behindher real sister.

2. Case referred
3. Act
  • Indian Succession Act, 1925 (39 of 1925)
4. Keyword
  • Succession Act
  • 1925 – ss.24
  • 25
  • 26
  • 33
  • 35
  • 47 and 48
5. Equivalent citation
    Citation(s) 2018 AIR 2374 = 2018 (16) SCC 585 = 2018 (16) Suppl. SCC 585 = 2018 (7) SCALE 264