In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed
Hindu Law—Partition—A suit for partition stands disposed of only with passing of final decree—In a partition suit, Court has jurisdiction to amend shares suitably, even if preliminary decree has been passed, if some member of family to whom an allotment was made in preliminary decree dies thereafter—Share of deceased would devolve upon other parties to a suit or even a third party, depending upon nature of succession or transfer—Validity of such succession, whether testate or intestate or transfer, can certainly be considered at the stage of final decree proceedings.
AIR 2009 SCW 5319 : JT 2009 (11) SC 144 : (2009) 7 SCALE 108 : (2009) 13 SCC 179 : (2009) 8 SCR 912
(SUPREME COURT OF INDIA)
Maddineni Koteswara Rao Versus Maddineni Bhaskara Rao AND ANOTHER
(Before : Tarun Chatterjee And Harjit Singh Bedi, JJ.)
Civil Appeal No. 3233 of 2009 (arising out of SLP (C) No. 1263 of 2007, Decided on : 05-05-2009.
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