LAKSHMI CHAND KHAJURIA & ORS. versus SMT. ISHROO DEVI

LAKSHMI CHAND KHAJURIA & ORS. versus SMT. ISHROO DEVI

Mani Ram could dispose of his share in joint family property by Will as permitted by s. 27 of the Jammu & Kashmir Hindu Succession Act, 1956; item 1(a) was self-acquired property; the Will was validly executed; for items 1(b) and 2, the share capable of disposition is remitted to High Court to determine according to Mitakshara law as applicable to Jammu & Kashmir.

Parties
Appellant: Lakshmi Chand Khajuria; Appellant: Appellant No. 2 (Wife of Mani Ram); Appellant: Appellant No. 3 (Grand-daughter of Mani Ram); Respondent: Smt. Ishroo Devi
Jurisdiction
India
Judgment Date
31 March 1977
Procedural Posture
Civil Appeal / Appeal Before Supreme Court From Jammu & Kashmir High Court
Outcome
Appeal disposed of; decree modified and remitted.
Legal Topics
Testamentary Will, Joint Family Property, Mitakshara Law, Partition, Hereditary Property
Succession Family Law Testamentary Will Joint Family Property Mitakshara Law Partition Hereditary Property

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Parties

Lakshmi Chand Khajuria

Appellant

Appellant No. 2 (Wife of Mani Ram)

Appellant

Appellant No. 3 (Grand-daughter of Mani Ram)

Appellant

Smt. Ishroo Devi

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court From Jammu & Kashmir High Court

Legal Issues

  1. 1 Whether the Will executed by Purohit Mani Ram is valid under s. 27 of the Jammu & Kashmir Hindu Succession Act, 1956.
  2. 2 Whether income from hereditary priesthood constitutes joint family property under Mitakshara law.
  3. 3 Extent of disposition of joint family property by Will as per Mitakshara law and sect. 27.

Ratio Decidendi

Mani Ram could dispose of his share in joint family property by Will as permitted by s. 27 of the Jammu & Kashmir Hindu Succession Act, 1956; item 1(a) was self-acquired property; the Will was validly executed; for items 1(b) and 2, the share capable of disposition is remitted to High Court to determine according to Mitakshara law as applicable to Jammu & Kashmir.

Court Disposition

Appeal disposed of; decree modified and remitted.

Orders

  • Decree confirmed in favour of respondent for item 1(a).
  • Share in items 1(b) and 2 to be determined by High Court according to applicable law; respondent entitled to at least one-third share.