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2022 Supreme(SC) 42

S. ABDUL NAZEER, KRISHNA MURARI
Arunachala Gounder (Dead) By Lrs. – Appellant
Versus
Ponnusamy – Respondent


Advocates appeared:
For the Appellant(s) : Mr. P. V. Yogeswaran, AOR Mr. Ashish Kumar Upadhyay, Adv. Mr. Jaiyesh Bakhshi, Adv. Mr. Y. Lokesh, Adv. Mr. V. Sibi Kargil, Adv. Ms. V. Keerthana, Adv. Mr. Anubhav Chaturvedi, Adv.
For the Respondent(s): Mr. K. K. Mani, AOR Ms. T. Archana, Adv.

Judgement Key Points

The legal principles established in the document clarify that when a male Hindu dies intestate, properties that are self-acquired or obtained through partition of a coparcenary or family property are to be inherited by his heirs by inheritance, not by survivorship (!) . This means that such properties do not pass automatically to the surviving coparceners but are distributed according to the rules of inheritance, with daughters being recognized as rightful heirs and entitled to inherit in preference to other collaterals (!) .

Furthermore, the law explicitly states that if a female Hindu dies intestate without leaving any issue, her inherited property from her father or mother devolves upon the heirs of her father, whereas property inherited from her husband or father-in-law passes to the heirs of her husband (!) .

The legislative intent behind the relevant statutes was to provide women with absolute rights in property, converting limited estates into absolute estates and establishing a uniform system of inheritance applicable to all Hindus, including followers of various schools of Hindu law and even other religions such as Buddhism, Jainism, and Sikhism [p_68–72].

The law recognizes that self-acquired property of a male Hindu, despite being purchased through Court auction or other means, is his independent property, and upon his death, his daughter would inherit such property by inheritance, not survivorship (!) [p_134–136]. The property does not automatically pass to other family members through survivorship if it is self-acquired or obtained in partition; instead, it devolves according to the rules of succession (!) .

Additionally, the order of succession for a female Hindu who inherits property from her father or mother is governed by the provisions of the Hindu Succession Act, which stipulate that such property will pass to her heirs of her father or mother, respectively, unless she leaves behind a son, daughter, or issue, in which case the property would be shared among her heirs and her immediate family [p_170–177].

In summary, the inheritance of self-acquired or partitioned property of a Hindu male dying intestate is governed by inheritance laws, with daughters having a recognized right to inherit such property in preference to other relatives, and the property devolves according to the applicable statutory provisions, not by survivorship.


JUDGMENT :

Krishna Murari, J.

Challenge has been laid in this Civil Appeal to the judgment and order dated 21.01.2009 passed by the High Court of Judicature at Madras (hereinafter referred to as ‘High Court’) dismissing a regular First Appeal being A.S. No. 351 of 1994 filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 01.03.1994 rendered by the Trial Court dismissing Original Suit No. 295 of 1991 for partition filed by the appellant herein, claiming 1/5th share in the suit properties.

2. The following genealogy of the parties is necessary to be taken note of for appreciating their claims and contentions :

Gurunatha Gounder

Marappa Gounder (Son)

(Died on 11.05.1949)

Ramasamy Gounder (Son)

(Predeceased his brother Marappa Gounder)

Kupayee Ammal (Daughter)

(Died issueless in 1967)

Guruntha Gounder

(Son)

Thangammal

(Daughter)

(Plaintiff in the suit since deceased)

Ramayeeammal

(Deceased Daughter)

Elayammal

(Daughter)

(Defendant No. 5 in the suit)

Nallammal

(Daughter)

(Defendant No. 6 in the

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