V.K. SURENDRA versus V.K. THIMMAIAH & ORS.

V.K. SURENDRA versus V.K. THIMMAIAH & ORS.

The properties were proved to be ancestral/joint family properties and Kunnaiah had no right to bequeath them by Will without consent of other co-parceners. Sons and Kunnaiah were each entitled to 1/5th share; daughters and descendant through daughter to 1/50th each. The appeal was dismissed and High Court's decree upheld.

Parties
Appellant Defendant No.3: V.K. Surendra; Respondents: V.K. Thimmaiah & Ors.
Jurisdiction
India
Judgment Date
10 April 2013
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Partition Suit, Joint Family Property, Self Acquired Property, Ancestral Property, Execution of Will, Women's Share in Inheritance
Property Law Family Law Partition Suit Joint Family Property Self Acquired Property Ancestral Property Execution of Will Women's Share in Inheritance

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Parties

V.K. Surendra

Appellant Defendant No.3

V.K. Thimmaiah & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether the suit schedule properties are self-acquired or joint family (ancestral) properties
  2. 2 Whether the Will executed by late Shri Kunnaiah was valid to bequeath the joint family property
  3. 3 What are the shares of sons, daughters, and descendant through daughter in the property

Ratio Decidendi

The properties were proved to be ancestral/joint family properties and Kunnaiah had no right to bequeath them by Will without consent of other co-parceners. Sons and Kunnaiah were each entitled to 1/5th share; daughters and descendant through daughter to 1/50th each. The appeal was dismissed and High Court's decree upheld.

Court Disposition

Appeal dismissed

Orders

  • No interference with High Court judgment
  • Parties to bear own costs