Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Succession Act 1956 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit for partition of property at item Nos. 1, 2, 3 and 4 in the Schedule and rendition of accounts of joint family business-Defendant No. 1 bequeathing property at item No.3 of the Schedule-Challenge to-Trial Court decreed the suit holding that Execution of Will not proved and that properties at item Nos. 2, 3 and 4 acquired by defendant No. 1 (father of plaintiff) out of the joint family business-However, property at item No.4 not available for partition as it was sold-Affirmed by High Court but applicability of Section 6A of the Act denied and decree modified accordingly-On appeal, Held: presumption that property in the name of an individual member belongs to joint family cannot be applied to business-No investment in the business from joint family fund-User of the property for business purpose does not prove to be detrimental to the joint family property-No evidence to show any blending-Hence, business carried on by defendant No. 1 cannot be treated as joint family business-Therefore, the properties acquired out of income of the business become self acquired properties-Defendant No. 1/Testator could bequeath such property-Testator died during pendency of suit, his share devolved by inheritance upon his heirs-Decree share to heirs accordingly modified.Execution of Will-Requirements of-Held: Defendant No. 1/Testator put his Left Thumb Mark instead of signing it due to nervous weakness-Evidence of defence witness corroborates reasons furnished thereto-Hence, Will duly executed by defendant No. 1. Hindu Succession Act; Section 6A-Amendment made thereunder-Applicability of-Held: In absence of appeal challenging decision of High Court on applicability of the amendment, correctness of the decision could not. |
Judge | Hon'ble Mr. Justice B.N. Agrawal |
Neutral Citation | 2004 INSC 82 |
Petitioner | P.s. Satram And Anr |
Respondent | P.s. Rama Rao Pisey And Ors. |
SCR | [2004] 2 S.C.R. 98 |
Judgement Date | 2004-02-04 |
Case Number | 817 |
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