Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956 Suit for partition by plaintiff-appellant |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Succession Act, 1925 (39 of 1925) Hindu Succession Act, 1956 (30 of 1956) Registration Act, 1908 (16 of 1908) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Succession Act, 1956: s.6 (as amended) — Applicability of — Suit for partition decreed in 2000 --Amendment to s.6 made in 2005 would not govern the rights of the parties in view of proviso (i) to s.6 of the amended provision. s.8 - Suit for partition by plaintiff-appellant against his father and paternal uncles on the ground that suit property was ancestral property and that being a coparcener, he had a right by birth in the said property in accordance with the Mitakshara Law — Claim of defendants that suit property was not ancestral property and that an earlier partition had taken place by which the plaintiff's father had become separate --Held: On the death of the grandfather of the plaintiff in 1973, the proviso to 8.6 would apply inasmuch as the grandfather of the plaintiff had left behind his widow, who was a Class I female heir --Equally, upon the application of explanation 1 to the said Section, a partition must be said to have been effected by operation of law immediately before his death — This being the case, the plaintiff would be entitled to a share on this partition taking place in 1973 -- However, plaintiff was born only subsequent to the death of the grandfather and therefore no such share could be allotted to him — On the death of the grandfather in 1973, the joint family property which was ancestral property in the hands of the grandfather and the other coparceners, devolved by succession u/s .8 of the Act and the ancestral property ceased to be joint family property and the other coparceners and his widow held the property as tenants in common and not as joint tenants -- This being the case, on the birth of the plaintiff in 1977 the said ancestral property, not being joint family property would render the suit for partition not maintainable. Law applicable to joint family property governed by the Mitakshara School prior to the amendment of 2005 - Discussed |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2016 INSC 236 |
Petitioner | Uttam |
Respondent | Saubhag Singh & Ors. |
SCR | [2016] 2 S.C.R. 100 |
Judgement Date | 2016-03-02 |
Case Number | 2360 |
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