1. Suit for declaration of title and permanent injunction regarding property inherited by heirs of two daughters of the original owner. (Para 3 , 4 , 5 )
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2025 Supreme(SC) 1451
SUPREME COURT OF INDIA
VIKRAM NATH, SANJAY KAROL AND SANDEEP MEHTA, JJ.
Kanagambal - Appellant
Versus
Selvaraj And Others - Respondent
Civil Appeal No.204 of 2025 (@ Special Leave Petition (Civil) No. 8258 of 2020)
Decided on : 07-01-2025
The Court held that where parties are heirs of two daughters of the original landowner, both are entitled to a half share of the property, regardless of the defendant's status as an adopted son, as claims for full ownership by either party cannot be sustained.
Headnote:(A) Transfer of Property Act, 1882 - Suit for declaration of title and permanent injunction - Plaintiff and defendants are heirs of original land owner, contesting for shares - High Court reversed lower courts' judgments, ruling both parties entitled to half share of property - Issues of adoption relevant to property rights. (Paras 5 and 6)
(B) Principle of co-ownership - Court emphasized that claims to full share by both parties cannot be sustained given their status as co-heirs.
Facts of the case:
The plaintiff sought declaration of title and permanent injunction against the defendant regarding property rights as heirs of original land owner. The Trial Court ruled in favor of the plaintiff, but the High Court dismissed the suit, concluding both parties were entitled to half share of the property.
Findings of Court:
The appeal was allowed, reversing the High Court's order, declaring both parties as co-owners of half share, and noting a pending partition suit.
Issues: Whether the defendant was an adopted son with rights to the suit property, resulting in co-ownership claims.
Ratio Decidendi: The court found that regardless of the adoption status, equitable laws dictate that heirs share the property, emphasizing that claims of exclusive ownership by either party are untenable.
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Dispute over entitlement to full share versus half share of the property based on the status of a party as an adopted son. (Para 5 )
3. Heirs of two daughters of the original owner, including an adopted son of a descendant, are entitled to a half share of the property. (Para 5 )
4. Heirs of the original owner's daughters, including an adopted son of a descendant, are entitled to equal shares in the inherited property. (Para 5 )
5. Appeal allowed; impugned order set aside; parties declared owners of half share each; pending partition suit to be decided on merits. (Para 6 )
6. How is the share of property determined between heirs of two daughters of the original owner?
The heirs of the two daughters of the original owner, including an adopted son of a descendant, are entitled to a half share of the property each. (Para 5 )
7. Is a claim for full share sustainable when multiple heirs of the original owner are identified?
No, the claim by either party for a full share cannot be sustained when it is established that both parties are entitled to a half share. (Para 5 )
ORDER :
1. Leave granted.
2. Heard learned counsel for the appellant as well as learned Senior Counsel appearing for the respondents.
3. The appellant is the plaintiff in a suit for declaration of title and permanent injunction and in the alternative possession, if not found.
4. The Trial Court decreed the suit. The First Appellate Court dismissed the appeal of the defendant, however, the High Court on second appeal has reversed the judgments of both the Courts below and dismissed the suit.
5. From the admitted facts, it is clear that the plaintiff and the defendants are the heirs of two daughters of the original land owner. As such, whether the defendant was an adopted son of the son of one of the daughters or not, even if, decided in favour of the defendant, he would be entitled to half share of the suit property. The High Court has found the defendant to be the adopted son, as such, the plaintiff and the defendant would be entitled to half share of the property in question. The claim by both of the parties of full share cannot be sustained.
6. Accordingly, the appeal stands allowed. The impugned order is set aside and the plaintiff and the defendants are declared as owner of the half share of the property in question. We have been informed that the suit for partition is already pending between the parties. The same may be decided on its own merits in accordance with law. The parties would be at liberty to raise all possible issues in the pending partition suit.
7. Pending application(s), if any, shall stand disposed of.
