Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
Sivananda Prabhu, S/o.Kalapurakal Vasantha Bai – Appellant
Versus
S.N.Govinda Prabhu – Respondent
| Table of Content |
|---|
| 1. parties involved and property details. (Para 1 , 2) |
| 2. arguments regarding property partitioning. (Para 3 , 4) |
| 3. court's examination of evidence. (Para 5 , 6) |
| 4. analysis of the mitakshara law. (Para 10 , 11 , 12 , 13 , 14) |
| 5. conclusion on property succession. (Para 15 , 16) |
JUDGMENT :
P.Krishna Kumar, J.
The appellants are the plaintiffs in a partition suit filed before the Additional Subordinate Judge’s Court, Irinjalakuda. By the judgment impugned in this appeal, the suit was dismissed by the trial court, finding that the property in question is not partible.
2. For the sake of convenience, the parties will be hereinafter referred to according to their status in the trial court. An extent of 2.15 acres of land (the plaint scheduled property) in Kodungallur Village belonged to one Rama Pai as per Ext. A1. It was his self-acquired property. Rama Pai had one female child, namely Yasodamma, and one male child, Hari Pai. In the year 1965, the plaint scheduled property was sold to defendant Nos. 1 to 3, a firm and its partners, by Hari Pai together with his wife and children, through a registered sale deed (Ext. A2). Rama Pai and his family were governed by the Mitakshara
Under Mitakshara law, self-acquired property of a male who died before 1956 devolves solely upon male heirs; female heirs succeed only in absence of male descendants.
(1) If a property of a male Hindu dying intestate is a self-acquired property or obtained in partition of a coparcenary or a family property, same would devolve by inheritance and not by survivorship....
Daughters are ineligible to inherit under Mitakshara Law prior to 1956, affirming that property succession is limited to male heirs in such cases.
Succession of ancestral property – Self-acquired property of a Hindu male upon his death after commencement of Hindu Succession Act, 1956 coming into hands of his son as a Class I heir is held by him....
The self-acquired property of a Hindu male is held individually and not as coparcenary upon his death, negating sons' birthright claims.
The court affirmed that under the Hindu Succession Act, daughters do not inherit coparcenary property prior to the 2005 amendment, and the plaintiff's title was upheld against the defendant's claims.
The court affirmed that partition shares from ancestral property remain joint family property for descendants, entitling them to assert claims over the inherited property.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
