Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Law~joint family property |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law - Joint family property - Partition - Night of minor - Severance of joint property - Suit for partition for partition by minor if can be continued after his death - Separate or self-acquired property, when impressed with the character of joint family property. Butchi Tirupati was a member of a Hindu co-parcenary consisting of himself, his five brothers and his son PuIla Reddy. After Butchi Tripati's death in 1947, Pulla Reddy, his son and Lakshmama, his widow, filed a suit for partition and separate possession of their share in the properly of the joint family and a fourth share in certain property devised under a will executed by Venkata Konda Reddy in July, 1910. Pulla Reddy was then a minor and his mother acted as his next friend. Pulla Reddy died during the pendency of the suit and his mother was shown ln the record as his legal representative for the suit. The suit was contested on the ground that it was highly prejudicial to the interest of Pulla Reddy to have his share separated from the joint family estate. It was also denied that Pulla Reddy and his mother had been driven away fromthe family house. The trial court held that partition of the joint family property was for the benefit of the minor Pulla Reddy and the High Court affirmed that view. Two questions raised before the Supreme Court were whether the suit for partition of joint family property could, after the death of the minor, Pulla Reddy, be continued by his mother and whether the property devised under the will of Venkata Konda Reddy in favour of defendants l, 2, 5 and Butchi Tirupati had, because of blending with their joint family estate, been impressed with the character of joint family property. |
Judge | Honble Mr. Justice J.C. Shah |
Neutral Citation | 1963 INSC 45 |
Petitioner | Lakkireddi Chinna Venkata Reddi |
Respondent | Lakkireddi Lakshmama |
SCR | [1964] 2 S.C.R. 172 |
Judgement Date | 1963-03-04 |
Case Number | 251 |
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