KRISHNABAI DESHMUKH versus TULJERAMARAO NAMBIAR & ORS .

KRISHNABAI DESHMUKH versus TULJERAMARAO NAMBIAR & ORS .

The Court found that there was a division of joint family status prior to the execution of the deed (Ex. 39), as evidenced by recitals and conduct, making the property Ramachandrarao's separate property. Upon his death, the daughter, appellant Krishnabai, inherited it to the exclusion of the collaterals. The supposed 'maintenance' grant was a permanent allotment in partial implementation of a partition, not a limited estate.

Parties
Appellant/defendant: Krishnabai Deshmukh; Respondent/plaintiff: Tuljeramarao Nambiar & Ors.
Jurisdiction
India
Judgment Date
31 July 1979
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 23 10 1968 of the Mysore High Court in R.f.a. No. 25/63
Outcome
Appeal allowed; suit dismissed
Legal Topics
Family Partition, Succession, Deed of Settlement, Impartibility of Estates, Intention to Sever Joint Family, Interpretation of Section 92, Evidence Act
Hindu Law Property Law Interpretation of Documents Family Partition Succession Deed of Settlement Impartibility of Estates Intention to Sever Joint Family +1 more

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Parties

Krishnabai Deshmukh

Appellant/defendant

Tuljeramarao Nambiar & Ors.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 23 10 1968 of the Mysore High Court in R.f.a. No. 25/63

Legal Issues

  1. 1 Whether there was severance of joint family status prior to the execution of the deed (Ex. 39)
  2. 2 Whether the property in question was impartible or joint family property
  3. 3 Whether Section 92 of the Evidence Act bars evidence regarding the real nature of the deed

Ratio Decidendi

The Court found that there was a division of joint family status prior to the execution of the deed (Ex. 39), as evidenced by recitals and conduct, making the property Ramachandrarao's separate property. Upon his death, the daughter, appellant Krishnabai, inherited it to the exclusion of the collaterals. The supposed 'maintenance' grant was a permanent allotment in partial implementation of a partition, not a limited estate.

Court Disposition

Appeal allowed; suit dismissed

Orders

  • Plaintiffs' (respondents') suit is dismissed with costs throughout
  • Appellant is confirmed as the inheritor of the suit lands