ANAR DEVI AND ORS. versus PARMESHWARI DEVI AND ORS.

ANAR DEVI AND ORS. versus PARMESHWARI DEVI AND ORS.

Upon death of Nagar Mal, notional partition is assumed between him and his adopted son. His undivided interest of half devolves equally upon his three children: adopted son and two daughters. The adopted son acquires half as coparcener and one-third of the remaining half as heir, giving each daughter a one-sixth share. The trial and revenue court judgments granting one-third share to each daughter are erroneous; the correct entitlement is one-sixth share to each daughter and remainder to heirs of adopted son.

Parties
Appellant: Anar Devi; Respondent: Parmeshwari Devi
Jurisdiction
India
Judgment Date
18 September 2006
Procedural Posture
Civil Appeal / Appeal From High Court (final Judgment and Order Dated 26.4.2004)
Outcome
appeals allowed
Legal Topics
Hindu Succession, Mitakshara Coparcenary, Devolution of Interest, Partition of Ancestral Property, Statutory Interpretation
Family Law Hindu Succession Mitakshara Coparcenary Devolution of Interest Partition of Ancestral Property Statutory Interpretation

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Parties

Anar Devi

Appellant

Parmeshwari Devi

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (final Judgment and Order Dated 26.4.2004)

Legal Issues

  1. 1 Devolution of interest in Mitakshara coparcenary property upon death of father under Hindu Succession Act, 1956, Section 6
  2. 2 Computation of share of daughters and adopted son in ancestral property

Ratio Decidendi

Upon death of Nagar Mal, notional partition is assumed between him and his adopted son. His undivided interest of half devolves equally upon his three children: adopted son and two daughters. The adopted son acquires half as coparcener and one-third of the remaining half as heir, giving each daughter a one-sixth share. The trial and revenue court judgments granting one-third share to each daughter are erroneous; the correct entitlement is one-sixth share to each daughter and remainder to heirs of adopted son.

Court Disposition

appeals allowed

Orders

  • Impugned judgments of High Court and revenue authorities are set aside.
  • Suit for partition decreed to extent of one-sixth share of each plaintiff.