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Sanjay Bhatia vs Rajive Bhatia & Ors. on 24 February, 2023 cites

Shasidhar & Ors vs Ashwini Uma Mathod & Anr on 13 January, 2015

24. The Supreme Court in Shashidhar & Ors. vs. Ashwani Uma Mathad & Anr. (2015) 11 SCC 269, laid down the principles in regard to the partition and possession of the shares of coparcenary, co-owners, co- sharerers or joint owners. It was explained that while determining the shares, it is necessary for the Court to examine, in the first instance, the nature and character of the property in suit, such as who was the original owner of the suit property, how and by which source he/she acquired such property, whether it was his/her self-acquired property or ancestral property or joint property or coparcenary property in his/her hand, and if so, who are/were the coparceners of joint owners with him/her as the case may be; secondly, the devolution of his/her interest in the property took place consequent upon his/her death on surviving members of the family i.e., whether it was an intestate or testamentary succession and in what proportion; thirdly, whether the property in the suit are capable of being partitioned effectively, and if so, in what manner; lastly, whether all the properties were included in the suit and all co-shareres, coparceners, co-owners or joint owners are made parties to the suit.
Supreme Court of India Cites 9 - Cited by 84 - A M Sapre - Full Document

Chairman-Cum-M.D.,Coal India Ld.& Ors vs Ananta Saha & Ors on 6 April, 2011

In the case of Chair-cum-M.D., Coal India Ltd. (supra), RFA(OS) 18/2021 Page 12 of 14 Signature Not Verified Digitally Signed By:SAHIL SHARMA Signing Date:24.02.2023 11:32:45 NEUTRAL CITATION NO: 2023/DHC/001319 the Apex Court had referred to the legal maxim "sublato fundamento cedit opus" which means that in case a foundation is removed, the super structure falls.
Supreme Court of India Cites 32 - Cited by 416 - B S Chauhan - Full Document
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