AIR 2009 SC (Supp) 681(2)

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): Arijit Pasayat, Tarun Chatterjee , JJ

(A) Civil P.C. (5 of 1908) , S.100— Appeal - New case - Suit to set aside sale of coparcenary property - Limitation - Lower Courts proceedings on basis that Art.109 of Limitation Act was applicable - No issue framed about applicability of Art.65 - Disposal of second appeal on basis that Art.65 of Limitation Act applies - Improper. (Para 15 16) (B) Succession Act (39 of 1925) , S.61, S.62— Will - Execution - Suspicious circumstances - Will executed and registered not at place where testator usually visited and resided - Attesting witness not known to testator - Will not making any reference to real son of testator - Finding that execution of will is suspicious - Not liable to be interfered with. (Para 27 28) (C) Hindu Law - Coparcenary property - Gift by coparcener of his undivided share - Is void. (Para 21) .....