MUTHUSWAMI NADAR AND ORS. versus RAMAKRISHNAN NADAR AND ORS.

MUTHUSWAMI NADAR AND ORS. versus RAMAKRISHNAN NADAR AND ORS.

Kochammal, the mother, was Hindu till her death, so on death of her unmarried son, his property devolved on her, and after her death, succession was to be governed by the Hindu Succession Act, 1956, allowing her daughters to inherit and validly sell the property.

Parties
Appellant: Muthuswami Nadar and Ors.; Respondent: Ramakrishnan Nadar and Ors.
Jurisdiction
India
Judgment Date
30 November 1995
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
appeal allowed
Legal Topics
Devolution of Property, Succession of Unmarried Son's Property, Convert's Descendants and Disqualification Under Hindu Succession Act
Property Law Succession Law Devolution of Property Succession of Unmarried Son's Property Convert's Descendants and Disqualification Under Hindu Succession Act

Case Brief

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Parties

Muthuswami Nadar and Ors.

Appellant

Ramakrishnan Nadar and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether Rosammal and Mariammal inherited any interest in the land to execute sale deeds.
  2. 2 Whether the mother, Kochammal, could succeed to the property of Kumaraswami, her son who died as a Hindu.

Ratio Decidendi

Kochammal, the mother, was Hindu till her death, so on death of her unmarried son, his property devolved on her, and after her death, succession was to be governed by the Hindu Succession Act, 1956, allowing her daughters to inherit and validly sell the property.

Court Disposition

appeal allowed

Orders

  • Judgment and decree passed by the First Appellate Court and High Court are set aside.
  • Judgment and decree of the Trial Court restored.