NDLI: Radha Bai Vs. Ram Narayan & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss. 6 and 8 Hindu Succession Act 1956
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Hindu Succession Act, 1956 (30 of 1956)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Hindu Succession Act, 1956 – ss. 6 and 8 – Share in the property – A land was owned and possessed by one ‘S’ – S’ had two sons ‘J’ and ‘P’ – ‘J’ had two sons defendant No. 4 and father of the appellant-plaintiff – Appellant’s father predeceased ‘J’ (his father) and ‘S’ (his grandfather) – He died in 1957, whereas ‘J’ died in 1982 and ‘S’ in 1965 – Appellant’s father left behind his wife and daughter-appellant – After the death of ‘S’, his two sons ‘J’ & ‘P’ partitioned the suit property and result of which, the suit property came to the exclusive share of ‘J’ and had become the absolute owner thereof, on basis of which right, he (‘J’) executed registered sale deed in favour of his three grandsons (sons of defendant No. 4) – Appellant instituted suit and sought share in the property – The suit was dismissed by the Trial Court – The Appellate Court, however, reversed the conclusion reached by the Trial Court and ordered appellant to obtain possession over the half share of the disputed land – Aggrieved, respondents-defendant Nos. 1 to 4 filed second appeal before the High Court – The High Court set aside the Judgment of the Appellate Court and affirmed the Judgment and decree passed by the Trial Court – On appeal, held: After the death of ‘S’ in 1965, the property devolved upon his two sons ‘J’ and ‘P’ – They succeeded and partitioned property between themselves – As a result property came into exclusive share of ‘J’ – The father of appellant-plaintiff had predeceased his father ‘J’ and even his grandfather ‘S’ – During the life time of ‘J’, father of appellant could not have succeeded to the property and for the same reason, the appellant being his daughter cannot be heard to claim any right higher than that of her father – Therefore, applying the settled legal position to the present case, the view taken by the High Court upheld.
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2019 INSC 1273
Petitioner	Radha Bai
Respondent	Ram Narayan & Ors.
SCR	[2019] 17 S.C.R. 119
Judgement Date	2019-11-22
Case Number	5889

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