Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu law-Hindu Joint family-Primogeniture-lmpanible estate |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu law-Hindu Joint family-Primogeniture-impartible estate-Rule of succession by survivorship-To establish that a family ceases to be joint it is necessary to prove intention on part of junior members to renounce their right of succession to estate.Hindu law-Hindu Joint Family- Impartible estate-Watan lands--Abolition of 'Patel watan' by the Maharashtra Revenue Patels (Abolition of Office) Act, 1962 on 1.1.1963-Regrant u/s 5-Whether on re-grant, the attached watan lands assumed the character of self-acquired property of the watandar-No-Regrant of lands to watandar must ensure to the benefit of entire joint Hindu family-Right of members of family to claim partition.Limitation Act, 1963-Article 65-Adverse possession-Onus of proof-Hindu joint family-Hostile assertion during statutory period. Father of the appellant and first respondent B died in 1956. B was the eldest male member in the joint family consisting ~f himself and the appellant. All properties except two items of agricultural lands attached to the 'Patel watan' were partitioned by metes and bounds. The watan properties attached to the office of Patel, by rule of primogeniture, became impartible. The Maharashtra Revenue Patels (Abolition of Office) Act, 1962 came into force on January 1, 1963. The Patel watans stood abolished.B. being the eldest member of the family, obtained a re-grant u/s 5 of the Act which provides for re-grant on payment of occupancy price. The appellants filed the suit for partition and allotment of half share therein. The trial court decreed the suit. However, the decree was set aside in appeal. The High Court held that after the re-grant, the properties became the personal property of B and were therefore not partible. In appeal it was contended by the respondents that after the abolition of the 'Patel watan' and re-grant in favour of B in 1965, in consequence of the abolition of the watan and the burden of service attached to the office, the pre-existing rights and liabilities appertaining to the land stood abolished and the regrant and the terms contained therein determined the rights of the parties. Since it was a re-grant made personal to the watandar the property became his self acquired property. They further submitted that after the Hindu Succession Act, 1956 came into force, the property had become the self acquired property in terms of the sanad and B was responsible to the State Government for payment of the land revenue. As Kolhapur District bore a distinctive feature of the watandari rights, it was necessary to find the existence of the watan from the grant and not subject it to operation of section 3 of the Act. Upon the demise of the parties, father in 1956 the right to succession opened under the law of primogeniture. The junior members of the family, by custom, had no right to any share in the property. The property thereby vested in B in the year 1956 and his heirs alone were entitled to succeed to the estate of B. The appellants, therefore, had no right to claim any partition in the property.In the connected appeal Vilas G. Devi v. Ramachandra Y. Dalvi and Ors., it was further contended that the respondents had acquired title by prescription. It was averred that mutation was effected on August 16, 1955 and from that date the respondents were in exclusive possession and enjoyment and that after the abolition of the watan and subsequent re-grant it was their exclusive property to which they prescribed title by adverse possession.The question raised for consideration was whether on re-grant made under Sec. 5 (1) of the Act, the attached watan lands assumed the character of the self acquired property of the watandar. |
Judge | Hon'ble Mr. Justice K. Ramaswamy |
Neutral Citation | 1995 INSC 9 |
Petitioner | Annasaheb Bapusaheb Patil And Ors. |
Respondent | Balwant@ Balasaheb Babusaheb Patil (dead) By Lrs. And Heirs Etc. |
SCR | [1995] 1 S.C.R. 88 |
Judgement Date | 1995-01-06 |
Case Number | 32 |
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