MAN SINGH (D) BY LRS. versus RAM KALA (D) BY LRS. & ORS.

MAN SINGH (D) BY LRS. versus RAM KALA (D) BY LRS. & ORS.

The decree dated 09.03.1979 is not binding on the first respondent, as the shares among the heirs of Soran were neither determined by agreement nor properly identified, especially in the absence of the three daughters who were Class I heirs. Any determination of shares without considering all Class I heirs is...

Source-derived case information.

Parties
Appellant: Man Singh (D) by LRS.; Respondent: Ram Kala (D) by LRS. & Ors.
Jurisdiction
India
Judgment Date
09 December 2010
Procedural Posture
Civil Appeal / Appeal Disposed of by Supreme Court
Outcome
Appeal disposed of
Legal Topics
Hindu Succession Act, Joint Hindu Family, Coparcenary Property, Partition, Class I Heirs
Succession Law Family Law Hindu Succession Act Joint Hindu Family Coparcenary Property Partition Class I Heirs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Man Singh (D) by LRS.

Appellant

Ram Kala (D) by LRS. & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Disposed of by Supreme Court

Legal Issues

  1. 1 Whether the decree dated 09.03.1979 in favour of appellant was binding on the first respondent.
  2. 2 Whether Shingari could alienate 1/5th share in the joint family property to her son.
  3. 3 Whether the determination of shares among the heirs of Soran in absence of daughters was valid.

Ratio Decidendi

The decree dated 09.03.1979 is not binding on the first respondent, as the shares among the heirs of Soran were neither determined by agreement nor properly identified, especially in the absence of the three daughters who were Class I heirs. Any determination of shares without considering all Class I heirs is erroneous and violates principles of natural justice.

Court Disposition

Appeal disposed of

Orders

  • Judgment of the High Court upheld to the extent that decree dated 09.03.1979 is not binding on first respondent.
  • Determination of shares among heirs of Soran by High Court is set aside.