Case Note & Summary
The dispute arose from a partition suit filed by the respondents seeking a two-third share in ancestral properties after the death of Nagar Mal, who had adopted Nemi Chand. The trial court erroneously granted an ex-parte decree for one-third share to each plaintiff instead of one-sixth. The appellate authority reversed this but remitted the matter, leading to a decision by the Board of Revenue that restored the trial court's decree. The High Court upheld this decision, prompting the current appeal. The Supreme Court examined Section 6 of the Hindu Succession Act, 1956, as it stood before the 2005 amendment, which governs the devolution of interest in coparcenary property. The court emphasized the need for a notional partition to determine the deceased's interest, which would then devolve upon the heirs. It clarified that the plaintiffs, being daughters, were entitled to one-sixth share each, while the adopted son would inherit the remaining property. The appeal was allowed, and the previous judgments were set aside, leading to a decree for partition reflecting the correct shares. The court also dismissed a related writ petition without costs.
Headnote
A) Hindu Law - Mitakshara Coparcenary - Devolution of Interest - Hindu Succession Act, 1956, Section 6 - The court held that upon the death of a coparcener, the undivided interest in the Mitakshara coparcenary property devolves upon heirs by intestate succession rather than by survivorship, necessitating a notional partition to ascertain shares. The plaintiffs were entitled to one-sixth share each, with the remaining property going to the adopted son, Nemi Chand (Paras 1-4).
Issue of Consideration
Whether the plaintiffs were entitled to one-third share or one-sixth share in the ancestral property after the death of Nagar Mal.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgments, and decreed the suit for partition to the extent of one-sixth share for each of the two plaintiffs, with the remaining properties going to the heirs of Nemi Chand.
Law Points
- Hindu Law
- Mitakshara coparcenary
- intestate succession
- notional partition
- ancestral property
