L. GOWRAMMA (D) BY LR. versus SUNANDA (D) BY LRS. & ANR.

L. GOWRAMMA (D) BY LR. versus SUNANDA (D) BY LRS. & ANR.

Succession to a Hindu male dying intestate vests only in the widow under Section 4(1)(ii) of the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933), to the exclusion of the daughters, as per the order laid down in the statute. Section 8(1)(d) does not apply to partition but only to property passing by survivorship, and unmarried daughters do not obtain a share on partition among brothers. The lower courts erred in granting a share to the plaintiff (daughter), and their judgments are set aside.

Parties
Appellant: L. Gowramma (D) by LR.; Respondent: Sunanda (D) by LRS.; Respondent: Another respondent (purchaser)
Jurisdiction
India
Judgment Date
12 January 2016
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed
Legal Topics
Succession, Women's Rights Act 1933 (mysore), Intestate Succession, Joint Family Property, Partition
Hindu Law Succession Women's Rights Act 1933 (mysore) Intestate Succession Joint Family Property Partition

Case Brief

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Parties

L. Gowramma (D) by LR.

Appellant

Sunanda (D) by LRS.

Respondent

Another respondent (purchaser)

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether unmarried daughters of a deceased coparcener are entitled to a share in joint family property upon partition under the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933)
  2. 2 Whether succession to a Hindu male dying intestate vests only in the widow under Section 4(1)(ii) of the Act

Ratio Decidendi

Succession to a Hindu male dying intestate vests only in the widow under Section 4(1)(ii) of the Hindu Law Women's Rights Act, 1933 (Mysore Act No. X of 1933), to the exclusion of the daughters, as per the order laid down in the statute. Section 8(1)(d) does not apply to partition but only to property passing by survivorship, and unmarried daughters do not obtain a share on partition among brothers. The lower courts erred in granting a share to the plaintiff (daughter), and their judgments are set aside.

Court Disposition

Appeal allowed

Orders

  • Judgments of the courts below set aside
  • Suit stands dismissed as a consequence