Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956 - s.l 5(2)(a) rlw s.8 and Schedule --:- 2005 amendment to Schedule in relation to Class I heirs - Inapplicability of - Succession w.r.t female Hindus |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Succession Act, 1956 - s.l 5(2)(a) r/w s.8 and Schedule --:- 2005 amendment to Schedule in relation to Class I heirs - Inapplicability of - Succession w.r.t female Hindus, - Suit by plaintiffs-respondents (great-grandson and great-granddaughter of one 'P 'from his first wife) for declaration of title and possession of suit property against defendant-predecessor-in-interest of appellant (daughter of 'P 'from his second wife) - had bequeathed the suit properties in favour of the defendant and her sister 'A' - 'A' had executed a Will of her share of property in favour of defendant and died thereafter - Plea of plaintiffs that 'A' had only life interest in the properties received from 'P' through Will and thus could not have bequeathed such properties by Will in favour of the defendant, hence on death of 'A' the same would devolve upon them as reversioners by succession being heirs from fathers side - Held: Admittedly, according to the plaintiffs, their right to claim a share, if any, as an heir from father's side in the suit properties held by 'A' accrued on her death in 1987 for which they filed civil suit in 1988 - However, the category of heirs to which the plaintiffs belonged, namely "son of a predeceased daughter of a predeceased daughter and daughter of a predeceased daughter of a predeceased daughter was added in the Schedule (in relation to Class 1 heirs) only in 2005 by a prospective amendment and was not included in Class l list in the Schedule in 1987 - Thus, plaintiffs had no right on the strength of succession/devolution to claim any interest in properties of 'A' in 1987 as fathers heir by virtue of s.15(2)(a) - High Court wrongly placed reliance on s.15 of the Act for deciding the rights of the parties. Code of Civil Procedure, 1908 - s.100 - Substantial question of law - Suit by plaintiffs-respondents for declaration of title and possession of suit property against defendant-predecessor-in-interest of appellant - Suit dismissed by trial court - First appeal by plaintiffs also dismissed - Second appeal by plaintiffs, allowed in part by High Court holding that in view of s.15(2)(a) rlw s.8 and Schedule (in relation to Class I heirs) of the Hindu Succession Act, 1956, the plaintiffs are entitled to 1/Jrd share in the suit properties - On appeal, held: High Court has jurisdiction to hear the second appeal only on substantial questions of law framed uls.100(5) - However, no substantial question of law was framed by the High Court on the applicability of s.15(2) - Further, no pleading, issue or finding was recorded by the two courts below on the applicability of s.15(2) - Thus, High Court had no jurisdiction to examine the case of its own on such issue for the first time in second appeal - Impugned judgment of High Court set aside and that of Trial Court restored - Hindu Succession Act, 1956 - s.15 r/w. s.8 and Schedule. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2017 INSC 272 |
Petitioner | Karunanidhi |
Respondent | Seetharama Naidu & Ors. |
SCR | [2017] 6 S.C.R. 631 |
Judgement Date | 2017-03-27 |
Case Number | 4490 |
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