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Legal Shorts; SC: Living together, no proof of marriage – Presumption of – such children legitimate & entitled to Succession.

P and S living together for long years as husband and wife – In such circumstances, even in absence of proof, held, a rebuttable presumption of valid marriage between them would arise – In view of non- rebuttal of the presumption, S held wife of P and their son, held, legal heir of P and entitled to his property – Hindu Marriage Act, 1955, Ss. 5 and 7 – Hindu Succession Act, S. 8 – Evidence Act, 1872, S. 114.

Case:
Ranganath Parmeshwar Panditrao Mali Vs. Eknath Gajanan Kulkarni.

Citation:
(1996) 7 SCC 681: AIR 1996 SC 1290.

Bench Stenghth – 2.
Coram: K. Ramaswamy and G. B. Pattanaik, JJ.
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Shared by:
ADV. MAHESH VASWANI,
MUMBAI.
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