BHAIYA RAMANUJ PRATAP DEO versus LALU MAHESHANUJ PRATAP DEO & ORS. AND VICE-VERSA

BHAIYA RAMANUJ PRATAP DEO versus LALU MAHESHANUJ PRATAP DEO & ORS. AND VICE-VERSA

Upon enforcement of the Hindu Succession Act, 1956, the customary rule of primogeniture ceased to operate for impartible estates unless protected by statute or covenant. The estate devolved by survivorship among coparceners; possession by co-sharer was not adverse. Maintenance grants without proper registration could not transfer title but could indicate nature of possession. Relief in partition, not exclusive possession, was appropriate remedy.

Parties
Appellant in CA No. 209/70 and Respondent in CA No. 2280/70: Bhaiya Ramanuj Pratap Deo; Respondent in CA No. 209/70 and Appellant in CA No. 2280/70: Lalu Maheshanuj Pratap Deo alias Nila Bacha
Jurisdiction
India
Judgment Date
26 August 1981
Procedural Posture
Civil Appeal / Appeal From Common Judgment and Decree of Patna High Court Dated 28th February, 1968
Outcome
Plaintiff's appeal dismissed. Defendant's appeal allowed.
Legal Topics
Impartible Estate, Primogeniture, Maintenance Grants, Customary Law, Partition, Registration of Deeds
Property Law Succession Law Hindu Law Impartible Estate Primogeniture Maintenance Grants Customary Law Partition +1 more

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Parties

Bhaiya Ramanuj Pratap Deo

Appellant in CA No. 209/70 and Respondent in CA No. 2280/70

Lalu Maheshanuj Pratap Deo alias Nila Bacha

Respondent in CA No. 209/70 and Appellant in CA No. 2280/70

Procedural Posture

Civil Appeal / Appeal From Common Judgment and Decree of Patna High Court Dated 28th February, 1968

Legal Issues

  1. 1 Whether the provisions of section 6 of the Hindu Succession Act, 1956 override the customary rule of primogeniture
  2. 2 Validity and effect of maintenance (khorposh) grants under Chota Nagpur Encumbered Estates Act and Bihar Land Reforms Act
  3. 3 Evidentiary value of unregistered maintenance deeds under Indian Registration Act

Ratio Decidendi

Upon enforcement of the Hindu Succession Act, 1956, the customary rule of primogeniture ceased to operate for impartible estates unless protected by statute or covenant. The estate devolved by survivorship among coparceners; possession by co-sharer was not adverse. Maintenance grants without proper registration could not transfer title but could indicate nature of possession. Relief in partition, not exclusive possession, was appropriate remedy.

Court Disposition

Plaintiff's appeal dismissed. Defendant's appeal allowed.

Orders

  • Decree passed by the High Court is set aside.
  • Decree of the Trial Court as affirmed by the first Appellate Court is restored.