UPENDRA LAL WAGHRAY, T.LAKSHMI NARAYANA REDDY, RAMA RAO, A.RAGHUVIR, P.KODANDA RAMAYYA
Rayani Appaiah – Appellant
Versus
Spl Tahsildar L. R. Addankl – Respondent
( 1 ) MAJORITY view : The questions referred to the larger Bench are : (1) What is the mode of determination of widow s interest in coparcenary property in Southern India ? (2) Can she claim any share in the joint family property ?
( 2 ) THE essential consideration is whether the ratiocination in the Full Bench decision of this Court in a Seethamahalakshmamma v Y. Chalamaiah (1) AIR 1974 A P 130 holding that the wife is not entitled to a share in a partition of coparcenary property among father and eons of a Hindu family governed by madras school of Mitakshara is a good law in view of Section 6 of the Hindu succession Act and the decision of the supreme Court in Gurupad v Hirabai (2) air 1976 S C 1239.
( 3 ) THE Hindu law is the spin-off of vedas, Smritis. commenteries and digests legislative enactments and judicial decisions. Several commentaries and digests were compiled as to the essence of shastric law expounded in Vedas and smrithis and the commentaries and digests of Mitakshara and Viramitrodava and Jimuta Vahanas are accented with solemnity and reverence by people The commentaries are the amalgam of distillation of ancient Sutras and preponderance usage and custo
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