NDLI: M. Arumugam Vs. Ammaniammal and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Joint family Hindu Succession Act
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Hindu Succession Act, 1956 – ss.4(b), 6, 8, 19 & 30 – Joint family – Role of Karta vis-a-vis minor members – Defendant nos.1 & 2 formed coparcenary, with their father, which owned the suit property – Father died intestate – 1/3 of the property went to each son and remaining one third which was the share of the father in the coparcenary was to be inherited by defendant no.5 (wife), defendant nos.1 & 2 and three daughters viz. the plaintiff (youngest daughter) and defendant nos.3 & 4 – Plaintiff filed suit claiming that the property falling to the share of the father be partitioned – Defendant nos.1 & 2 inter alia stated that the plaintiff (minor at that time was represented by defendant no.5), defendant nos.3-5 jointly executed registered release deed relinquishing rights in the property in their favour and later, a registered partition deed was executed between defendant nos.1 & 2 and thereafter they have been in possession of the property – Suit dismissed – High Court decreed the suit – On appeal, held: After the death of the father, his interest in the coparcenary property would devolve as per the provisions of s.8 of the Succession Act since he left behind a number of female Class-I heirs – Further, conjoint reading of s.30 with s.19 clearly indicates that the property was not to be treated as a joint family property though it may be held jointly by the legal heirs as tenants in common till the property is divided, apportioned or dealt with in a family settlement – Even assuming that the property was a joint family property then also the submission of the plaitniff cannot be accepted that the Karta i.e. defendant no.1 was the natural guardian of the minor plaintiff – Karta is the manager of the joint family property – He is not the guardian of the minor members of the joint family – When a family settlement is taking place between the members of the joint family and some of the members relinquish their share in favour of the Karta, the Karta cannot act as the guardian of that minor whose share is being relinquished in favour of the Karta – There would be conflict of interest – In such an eventuality it would be the mother alone who would be the natural guardian and, therefore, the document executed by her cannot be said to be void – At best, it was a voidable document in terms of s.8 of the Guardianship Act and should have been challenged within three years of the plaintiff attaining majority – Further, in the circumstances of the present case it is difficult to believe that the plaintiff was not aware of the various transfers – Judgment of the High Court set aside and that of the trial court, restored – Hindu Minority & Guardianship Act, 1956 – ss.6, 8 – Family Law.Hindu Succession Act, 1956 – s.30 – Held: s.30 clearly lays down that any Hindu can dispose of his share of the property by Will or by any other testamentary disposition which is capable of being so disposed of by him – Explanation to s.30 provides that the interest of a male Hindu in Mitakshara coparcenary shall be deemed to be property capable of being disposed of by him within the meaning of s.30 – This means that the law makers intended that for all intents and purposes the interest of a male Hindu in Mitakshara coparcenary was to be virtually like his self-acquired property – Hindu Minority & Guardianship Act, 1956 – ss.6, 8. Hindu Succession Act, 1956 – Proviso to s.6 – Object of – Discussed.
Judge	Hon'ble Mr. Justice Deepak Gupta
Neutral Citation	2020 INSC 14
Petitioner	M. Arumugam
Respondent	Ammaniammal And Ors.
SCR	[2020] 1 S.C.R. 41
Judgement Date	2020-01-08
Case Number	8642

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M. Arumugam Vs. Ammaniammal and Ors.

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M. Arumugam Vs. Ammaniammal and Ors.

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