Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956 – s.29-A Hindu Succession Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Hindu Succession Act, 1956 (30 of 1956) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Hindu Succession Act, 1956 – s.29-A – Right of daughter incoparcenary property – Succession by survivorship – Father ofappellants-daughters and respondent no.1-son passed away andleft behind ancestral properties – Properties were leased out toRespondent Nos. 2 to 4 during the lifetime of mother of appellantsand respondent no.1 – During the lease period, she died andthereafter, lands were sold by respondent no.1 to respondent nos. 2to 4 – Appellants filed suit against respondent no.1 for partitionand separate possession of the properties – Trial Court whiledismissing the suit held appellants-plaintiff were not entitled to anypartition – Appeal was dismissed by the High Court – On appeal,held: U/s. 29-A of the Act, only unmarried daughter of a coparceneris entitled to claim partition in the Hindu Joint Family Property –On a plain reading of s.29-A, it is evident, inter-alia, daughter of acoparcener ought not to have been married at the t ime ofcommencement of the amendment of 1989 – In instant case, it isadmitted position that both the appellants-daughters got marriedprior to the commencement of the 1989 amendment – Therefore, inview of cl(iv) of s.29-A, appellants could not institute the suit forpartition and separate possession at first instance as they were notthe coparceners – However, from record of the case, the coparcenerproperty in the hand of father of appellants got divided betweenhim and his son-respondent no.1 – In such partition, father ofappellants got ½ share and respondent no.1 also got ½ share –Now, the property left in the hand of father of appellants would behis separate property – On his death, such separate property woulddevolve through succession by applying the rules of ss. 8, 9 and 10of the Hindu Succession Act, 1956 – Therefore, the appellants notentitled to any share in coparcenary property since they were notthe coparceners in view of 1989 amendment – However, on the deathof their father and mother, appellants-daughters would get their property through succession – Hindu Succession (Tamil NaduAmendment) Act, 1989. |
Judge | Hon'ble Mr. Justice R.K. Agrawal |
Neutral Citation | 2018 INSC 372 |
Petitioner | Mangammal @ Thulasi And Anr. |
Respondent | T.b. Raju And Ors. |
SCR | [2018] 6 S.C.R. 776 |
Judgement Date | 2018-04-19 |
Case Number | 1933 |
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