Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Succession Hindu Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Law-Succession-Devolution of coparcenery property-Son filing suit for partition of estate of deceased father (Karta) comprising ancestral and coparcenery properties--Wife and unmarried daughter of Karta resisting suit claiming deceased Karta had gifted items of ancestral property to wife and self-acquired properties to unmarried daughter by separate gift deeds, the latter with consent of son-Trial court and appellate court finding lack of consent and further that coparcenery properties could not have been given to daughter by way of gift-High Court negativing claim of wife but holding that gift to unmarried daughter was validly made with consent of son-High Court not coming to conclusion that gift to unmarried daughter was either within reasonable limits or in fulfilment of any recognised pious purpose-Held, on facts, gift of coparcenery property to unmarried daughter was legally impermissible.Unmarried daughter of deceased Karta claiming gift of coparcenery properties to her with consent of coparcener son-Other coparceners not consenting to gift-Held, in the circumstances, the gift to the daughter was invalid-Hindu Law-Succession. Hindu Succession Act, 1956, ss.6 proviso, Explanation I-Mysore Hindu Law Women's Rights Act, 1933, ss. 8(1)(a), (d) and 8(2)(c)(Mysore Act)-High Court holding unmarried daughter entitled to 1/9th share in Mitakshara coparcenery property-Whether Mysore Act applied-Held, no, since interest of deceased coparcener could not pass by survivor-ship and Mysore Act was superseded by s.6 of the 1956 Act; however, unmarried daughter would get 1/4th share of her brother in terms of s.8(2)(c) of the Mysore Act in addition to her share under s.6 of the 1956 Act as heir of male dying intestate. Code of Civil Procedure 1908, s.100-Scope of interference by High Court in Second Appeal on questions off act-Held, High Court not entitled to reassess evidence and arrive at a different conclusion-Practice and Procedure. |
Judge | Hon'ble Ms. Justice Ruma Pal |
Neutral Citation | 2000 INSC 414 |
Petitioner | Thimmaiah And Ors. |
Respondent | Ningamma And Anr. |
SCR | [2000] Supp. (2) S.C.R. 653 |
Judgement Date | 2000-08-25 |
Case Number | 1062 |
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