Case Note & Summary
The dispute concerned succession rights to coparcenary property under the Hindu Women's Rights to Property Act, 1937. Doddahanumegowda died on May 21, 1972, leaving behind his daughters and the heirs of his predeceased son Chikhanumegowda. The respondents, daughters of Doddahanumegowda, filed a suit seeking declaration that they became owners pursuant to a settlement deed dated 23.5.1970 and were entitled to exclusive possession of the property. The appellants and their mother contended that as heirs of the predeceased son Chikhanumegowda, they were entitled to half share in the coparcenary property. The Trial Court dismissed the suit in 1977, but the First Appellate Court reversed, holding that Doddahanumegowda as sole surviving coparcener became absolute owner and could bequeath property to his daughters. The High Court upheld this decision in 1989. The Supreme Court noted that the plaint admitted Chikhanumegowda died 33 years prior to the suit filed in 1972, meaning his death occurred in 1938 or 1939, after the Hindu Women's Rights to Property Act, 1937 came into force. Section 8(d) of the Act provides that when joint family property passes to a single coparcener by survivorship, it passes subject to the rights of certain female heirs, including widows and daughters of a predeceased son of the sole surviving coparcener. Since Chikhanumegowda and Doddahanumegowda were the only coparceners, each branch held equal share. Consequently, the heirs of the predeceased son were entitled to half share. The Court set aside the judgments of the Trial Court and Appellate Court and granted a preliminary decree for half share in favour of the appellants, with liberty to apply for a final decree. The appeal was allowed with no costs.
Headnote
A) Hindu Law - Succession and Coparcenary - Rights of Female Heirs Under Hindu Women's Rights to Property Act, 1937 - Section 8(d) - Where joint family property passes to a single coparcener by survivorship, it passes subject to rights of widows and daughters of predeceased son; admitted death of Chikhanumegowda in 1938-39 after Act came into force entitled appellants and their mother as heirs of predeceased son to share; since only two coparceners existed, each branch entitled to equal half share; lower courts erred in refusing relief - Held that appeal allowed, judgments and decrees of trial and appellate courts set aside, preliminary decree for half share in favour of appellants with liberty to apply for final decree (Paras 1-3).
Issue of Consideration
Whether the heirs of predeceased son Chikhanumegowda are entitled to a share in the coparcenary property left by Doddahanumegowda under Section 8(d) of the Hindu Women's Rights to Property Act, 1937.
Final Decision
Appeal allowed; judgments and decrees of Trial Court and Appellate Court set aside; preliminary decree for half share in plaint schedule property in favour of appellants; liberty to apply for final decree in Trial Court; no costs.
Law Points
- Section 8(d) of Hindu Women's Rights to Property Act
- 1937 entitles widows and daughters of predeceased son of sole surviving coparcener to share in coparcenary property
- Joint family property passing to single coparcener by survivorship passes subject to rights of female heirs enumerated in Section 8(d)
- Heirs of predeceased son entitled to equal share where only two coparceners existed
