GIAN CHAND KAPUR (DEAD) BY LRS. versus RABINDRA MOHAN KAPUR & ORS.

GIAN CHAND KAPUR (DEAD) BY LRS. versus RABINDRA MOHAN KAPUR & ORS.

Plaintiffs are not entitled to any share in the property as neither the gift nor the compromise and award granted them any share; the earlier decree was in the nature of a family settlement and the High Court's reasoning carving out a one-third share for them is untenable in law and facts.

Parties
Appellant: Gian Chand Kapur (Dead) by LRS.; Respondent: Rabindra Mohan Kapur & Ors.
Jurisdiction
India
Judgment Date
03 December 1986
Procedural Posture
Civil Appeal / Appeal Against Reversing Decree of the High Court
Outcome
Appeal allowed. Plaintiffs' suit dismissed. Judgment of High Court set aside, Trial Court judgment restored.
Legal Topics
Partition, Family Settlement, Gift, Arbitration Award
Property Law Partition Family Settlement Gift Arbitration Award

Case Brief

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Parties

Gian Chand Kapur (Dead) by LRS.

Appellant

Rabindra Mohan Kapur & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Reversing Decree of the High Court

Legal Issues

  1. 1 Entitlement to share in property under family settlement and award after gift
  2. 2 Validity of award and compromise vis-à-vis gift
  3. 3 Right to claim partition

Ratio Decidendi

Plaintiffs are not entitled to any share in the property as neither the gift nor the compromise and award granted them any share; the earlier decree was in the nature of a family settlement and the High Court's reasoning carving out a one-third share for them is untenable in law and facts.

Court Disposition

Appeal allowed. Plaintiffs' suit dismissed. Judgment of High Court set aside, Trial Court judgment restored.

Orders

  • Rama Devi permitted to reside in the house during her lifetime without title.
  • If residential portion is not carved out amicably within six months, Rama Devi may apply to the trial judge to carve out a reasonable portion for her living without right of alienation.