GURUPAD KHANDAPPA MAGDUM versus HIRABAI KHANDAPPA MAGDUM AND ORS.

GURUPAD KHANDAPPA MAGDUM versus HIRABAI KHANDAPPA MAGDUM AND ORS.

The widow's share must be ascertained by adding the share to which she is entitled at a notional partition during her husband's lifetime and the share she would get in her husband's interest upon his death. The fiction of partition immediately before death under Section 6 Explanation 1 permeates the entire process; thus, Hirabai is entitled to a 7/24th share in the joint family property.

Parties
Appellant: Gurupad Khandappa Magdum; Respondent/plaintiff: Hirabai Khandappa Magdum; Respondent/defendant 2: Shivapad Khandappa Magdum; Respondent/defendant 3: Bryawwa; Respondent/defendant 4: Bhagirathibai; Respondent/defendant 5: Dhradiitai
Jurisdiction
India
Judgment Date
27 April 1978
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Bombay High Court
Outcome
Appeal dismissed with costs.
Legal Topics
Interpretation of Hindu Succession Act Section 6 Explanation 1, Women's Inheritance Rights, Coparcenary Property Partition and Devolution
Family Law Succession Hindu Law Interpretation of Hindu Succession Act Section 6 Explanation 1 Women's Inheritance Rights Coparcenary Property Partition and Devolution

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Parties

Gurupad Khandappa Magdum

Appellant

Hirabai Khandappa Magdum

Respondent/plaintiff

Shivapad Khandappa Magdum

Respondent/defendant 2

Bryawwa

Respondent/defendant 3

Bhagirathibai

Respondent/defendant 4

Dhradiitai

Respondent/defendant 5

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Bombay High Court

Legal Issues

  1. 1 How is the widow's share in joint family property determined under Section 6 Explanation 1 of the Hindu Succession Act, 1956?
  2. 2 Whether the share to which the widow is entitled at a notional partition during husband's lifetime should be added to the share she would get in her husband's interest upon his death.

Ratio Decidendi

The widow's share must be ascertained by adding the share to which she is entitled at a notional partition during her husband's lifetime and the share she would get in her husband's interest upon his death. The fiction of partition immediately before death under Section 6 Explanation 1 permeates the entire process; thus, Hirabai is entitled to a 7/24th share in the joint family property.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment of Bombay High Court confirming Hirabai's entitlement to 7/24th share is affirmed.
  • Appellant to pay costs.