LATA BABURAO MANE & ANOTHER versus RAMACHANDRA BALASAHEB MANE (D) THROUGH LRS.

LATA BABURAO MANE & ANOTHER versus RAMACHANDRA BALASAHEB MANE (D) THROUGH LRS.

As there was no partition, succession did not open at death of collateral. Adopted son and appellant, as surviving branches, are each entitled to 50% share in the suit properties based on the relation back principle; findings of courts below confirmed.

Source-derived case information.

Parties
Appellant: Lata Baburao Mane; Appellant: Baburao Marutrao Mane; Respondent: Ramachandra Balasaheb Mane (D) through LRs.
Jurisdiction
India
Judgment Date
18 November 2014
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeal dismissed
Legal Topics
Partition, Succession, Adoption, Joint Family Property
Property Law Family Law Partition Succession Adoption Joint Family Property

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lata Baburao Mane

Appellant

Baburao Marutrao Mane

Appellant

Ramachandra Balasaheb Mane (D) through LRs.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Extent of entitlement to partitioned family property
  2. 2 Whether adoption relates back to date of adoptive father's death for property succession

Ratio Decidendi

As there was no partition, succession did not open at death of collateral. Adopted son and appellant, as surviving branches, are each entitled to 50% share in the suit properties based on the relation back principle; findings of courts below confirmed.

Court Disposition

appeal dismissed

Orders

  • no costs