M.V. KARUNAKARAN versus KRISHANAN (DEAD) BY LRS.

M.V. KARUNAKARAN versus KRISHANAN (DEAD) BY LRS.

Heirs and legal representatives of the deceased partner may transfer their share post-dissolution; a transferee who is in possession and not party to execution proceedings may justly obstruct delivery of possession in execution under Order 21 Rule 97 CPC.

Parties
Appellant: M.V. Karunakaran; Respondent: Krishanan (dead) by LRs.
Jurisdiction
India
Judgment Date
15 December 2006
Procedural Posture
Civil Appeal / Final Adjudication by Supreme Court
Outcome
appeal dismissed
Legal Topics
Rights of Partners After Dissolution, Transfer by Heirs, Auction Purchaser's Rights, Obstruction to Execution
Property Law Partnership Law Civil Procedure Rights of Partners After Dissolution Transfer by Heirs Auction Purchaser's Rights Obstruction to Execution

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Parties

M.V. Karunakaran

Appellant

Krishanan (dead) by LRs.

Respondent

Procedural Posture

Civil Appeal / Final Adjudication by Supreme Court

Legal Issues

  1. 1 Whether heirs of deceased partner can transfer property after partnership dissolution
  2. 2 Whether transferee in possession may obstruct delivery to auction purchaser under Order 21 Rule 97 CPC

Ratio Decidendi

Heirs and legal representatives of the deceased partner may transfer their share post-dissolution; a transferee who is in possession and not party to execution proceedings may justly obstruct delivery of possession in execution under Order 21 Rule 97 CPC.

Court Disposition

appeal dismissed

Orders

  • No costs.