HINDU SUCCESSION ACT, 1056 – CASE LAW – Section 20

Subbukrishna v. Parvathi

Bench: JJ C Ullal and H N Das

Facts:

• Respondent and Second Appellant got married on 06.01.1994. While the Respondent was pregnant a release deed was executed in the favor of the appellants on 19.01.1994.
• A male child was born on 23.03.1994 and the child died immediately after an hour of its birth.The Respondent claimed her undivided share of her son in the schedule properties who was in womb at the time of execution of deed.

Issue:

Whether she is entitled to claim the share of her deceased son or not?

Contentions raised by Respondent:

• On 23.03.1994 the plaintiff gave birth to a male child. After the demise of this male child, the plaintiff succeeded to the undivided share of her deceased son she being a class-I heir. The schedule properties are an ancestral and joint family properties liable for partition in the hands of the respondent.

Contentions raised by Appellant:

• The moment the father got separated, that relation got snapped and a son who was not conceived by then, could not be incorporated into and enjoined to the original joint family. Therefore the son of respondent, in our considered view, cannot claim any share in the joint family setup of appellant Nos. 2 to 9.

Held:

• The date and timings of birth of each child is mentioned in the 5th column, meant to mention the said fact But in respect of the entry relating to the respondent the time of birth of the child is not mentioned.
• Thus, the respondent  in our considered view had miserably failed to prove and establish that on 23.03.1994, she gave birth to a male child and that the child died after one hour. Therefore, we have no hesitation to hold that the claim of respondent is false and unfounded and as such is liable to be rejected in total.