HINDU SUCCESSION ACT,1956 – CASE LAW – Section 6
Sushilabai Kulkarni v. Narayan Deshpande
(As per Shastric Hindu law, upon a partition taking place between father and son the mothers right to claim a share equal to that of a son automatically springs up.)
Bench : Kantawala J., Tulzpurkar J. , Dharmadhikari J.
Facts:
- Plaintiff Susbhilabai is the daughter of one Narayanrao. Narayanrao had a wife by name Laxmibai, Narayanrao adopted a son by name Shridhar, Shridhar died on December 29, 1956, leaving him surviving his adoptive father Narayan, adoptive mother Laxmibai and his widow Shantabai.
- Laxmibai died on March 11, 1965, making a will whereby he disposed of his interest in the family property in favor of Samarth Charitable Society.
- Sushilabai filed a suit against her father Narayan, claiming a 1/4th share in the property.
Issue:
- Whether the view that as a result of the notional partition contemplated by the proviso to Section 6 of the Hindu Succession Act, the shares of persons other than the deceased coparcener also become fixed as if a partition had taken place during the lifetime of the deceased coparcener is correct?
- What share is the plaintiff entitled in the suit property?
Contentions raised by Respondent:
- In a notional partition as provided under Section 6 of the Act Laxmibai will not be entitled to any share on the footing of a partition but under the proviso to Section 6she will be entitled to 1/2 share in the 1/3rd share which will be allotted to Shridhar immediately before his death. Thus,Laxmibai will be entitled to only 1/6th share in the entire family property and upon her death the plaintiff would be entitled to 1/12th share therein.
Contentions raised by Appellant:
- When Shridhar died, his share should be considered to be 1/3rd in the joint family property and from the remaining 2/3rd , 1/3rd , would be the share of his adoptive father Narayan and the remaining 1/3rd would be the share of adoptive mother Laxmibai.
- That on the death of Shridhar 1/3rd share that would have been allotted to him in the joint family property would in his death be inherited equally by his mother Laxmibai and by his widow Shantabai as both of them are the female heirs specified in Class I to the Hindu Succession Act, hereinafter referred to as 'the Act'.
- Thus, the submission was that on the death of Shridhar,Laxmibai's share would come to 1/3rd plus 1/6th i.e., 1/2 share in the family property and that on the death of Laxmibai, the plaintiff as the daughter became entitled to 1/2 share in Laxmibai's estate. Thus, she became entitled to 1/4th share in the whole of the joint family property.
Held: The Court held that the mother should have been allotted a share at the time of the notional partition, and after inheritance, her share would be equal to half of the property.
Applying the wider approach, Laxmi bai is entitled to 1/2 share in the joint family property and upon her death, this 1/2 share is equally divided between her husband Narayanarao and her daughter, the plaintiff. Thus the Appellant on the facts of the present case is entitled to 1/4th share in the suit property.
