RADHA BAI versus RAM NARAYAN & ORS.

RADHA BAI versus RAM NARAYAN & ORS.

When a coparcener (Janakram) acquires exclusive ownership of partitioned property, succession opens only after his death, and descendants of a son who predeceased both his father and grandfather cannot claim a share prior to such opening. Thus, the appellant had mere spes successionis and no enforceable right, and the sale deed by Janakram was valid.

Parties
Appellant: Radha Bai; Respondent: Ram Narayan; Respondent: Jaya Narayan; Respondent: Rohit Kumar
Jurisdiction
India
Judgment Date
22 November 2019
Procedural Posture
Civil Appeal / Final Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Hindu Succession, Coparcenary Property, Partition, Inheritance Rights of Granddaughter
Family Law Succession Law Property Law Hindu Succession Coparcenary Property Partition Inheritance Rights of Granddaughter

Case Brief

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Parties

Radha Bai

Appellant

Ram Narayan

Respondent

Jaya Narayan

Respondent

Rohit Kumar

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the appellant, as granddaughter, could claim a share in the property after her father's death before that of his own father and grandfather under Hindu Succession Act.
  2. 2 Whether the rule of survivorship or succession applied to the property post-partition and sale.
  3. 3 Whether Janakram had absolute ownership and the power to sell the property.

Ratio Decidendi

When a coparcener (Janakram) acquires exclusive ownership of partitioned property, succession opens only after his death, and descendants of a son who predeceased both his father and grandfather cannot claim a share prior to such opening. Thus, the appellant had mere spes successionis and no enforceable right, and the sale deed by Janakram was valid.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.
  • All pending applications disposed of.