KARPAGATHACID AND ORS. versus NAGARATHINATHACID

KARPAGATHACID AND ORS. versus NAGARATHINATHACID

Mere partition between co-widows does not amount to relinquishment of the right of survivorship. The party asserting relinquishment must prove it with clear and cogent evidence. As the respondent failed to discharge this onus, the mere partition did not vest complete rights in the deceased widow's share, and the surviving widow was entitled to possession of the suit property.

Parties
Appellant: Karpagathachi and Ors.; Respondent: Nagarathinathachi
Jurisdiction
India
Judgment Date
10 March 1965
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Certificate From High Court Decision
Outcome
Appeal allowed; decree and judgment of the High Court set aside; trial court's decree restored.
Legal Topics
Partition Between Co Widows, Right of Survivorship, Relinquishment of Survivorship Rights, Burden of Proof, Transfer of Property Act Section 6(a)
Hindu Law Property Law Partition Between Co Widows Right of Survivorship Relinquishment of Survivorship Rights Burden of Proof Transfer of Property Act Section 6(a)

Case Brief

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Parties

Karpagathachi and Ors.

Appellant

Nagarathinathachi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether co-widows can relinquish the right of survivorship in partition
  2. 2 Whether such an arrangement is repugnant to section 6(a) of the Transfer of Property Act, 1882
  3. 3 On whom does the burden of proof lie to establish relinquishment of survivorship right

Ratio Decidendi

Mere partition between co-widows does not amount to relinquishment of the right of survivorship. The party asserting relinquishment must prove it with clear and cogent evidence. As the respondent failed to discharge this onus, the mere partition did not vest complete rights in the deceased widow's share, and the surviving widow was entitled to possession of the suit property.

Court Disposition

Appeal allowed; decree and judgment of the High Court set aside; trial court's decree restored.

Orders

  • Each party to bear their own costs throughout, in the Supreme Court and the courts below.