LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jatin sharma (LAWYER)     07 October 2009

recent jugment on succession act sc

G. Varalakshmi and Another vs G. Srinivsa Rao (D) Thru Lrs. and Another  [SUPREME COURT OF INDIA, 04 Aug 2009]
Family & Personal - Hindu Succession Act, 1956, ss. 6, 8 - Andhra Pradesh Hindu Succession (Amendment) Act, 1987, s. 6 - Suit for partition - Plaintiff claimed partition on the basis of right accrued in a Will as sharer in the joint family property - Defendant admitted the relationship between plaintiff and testator of the Will - Trial Court passed decree for the partition of item No. 7 of the suit property and dismissed the remaining suit on the ground of non-joinder of parties - Appeal filed by plaintiff before HC for all other suit properties except item No. 7 - HC dismissed the appeal - Legality - Plaintiff/appellant contended that defendant/respondents were the grand-daughters of testator and being the female members, could not inherit the properties of testator under the School of Mitakshara Law - Held, testator got the property through a Will, therefore, the said property was his individual properties, not Mitakshara coparcenery property - Further, State amendment of s. 6 of the Act having the effect of daughters also by reason of a legal fiction became coparceners - Therefore, defendant/respondents could be entitled to equal share of the property of predecessor-in-interest in terms of s. 8 of the Act - Present appeal was confined only to the suit property items Nos. 5 and 7, hence parties were entitled to equal share in those items - Appeal disposed of.



Learning

 3 Replies

Adinath@Avinash Patil (advocate)     07 October 2009

Mr. Jatin  Thanx  for giving very recent  ruling /citation , it  will help evry lawyer.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 October 2009

Thanx Jatin Ji

dusmanta kumar jena (chairman)     11 October 2009

i welcome your effort,

thanks for the same.

dusmanta kumar jena,

advocate, kendujhar

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register