RAMESH VERMA (D) TR. LRS. versus LAJESH SAXENA (D) BY LRS & ANR.

RAMESH VERMA (D) TR. LRS. versus LAJESH SAXENA (D) BY LRS & ANR.

The property received by Jagan Verma after a notional partition became his separate property and, after 1956, devolved only by succession under the Hindu Succession Act, not by survivorship. Female heirs, specifically the daughter, are entitled to seek partition and receive a share in the property. Since the...

Source-derived case information.

Parties
Appellant: Ramesh Verma (D) TR. LRS.; Respondent: Lajesh Saxena (D) BY LRS; Respondent: Sanjeev Kumar
Jurisdiction
India
Judgment Date
24 November 2016
Procedural Posture
Civil Appeal / Final Judgment After Appeal From High Court
Outcome
Appeals dismissed
Legal Topics
Succession, Partition, Inheritance, Proof of Will
Family Law Succession Partition Inheritance Proof of Will

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Parties

Ramesh Verma (D) TR. LRS.

Appellant

Lajesh Saxena (D) BY LRS

Respondent

Sanjeev Kumar

Respondent

Procedural Posture

Civil Appeal / Final Judgment After Appeal From High Court

Legal Issues

  1. 1 Whether the property received by Jagan Verma after notional partition in 1952 is governed by survivorship under Hindu Mitakshara law or succession under Hindu Succession Act, 1956
  2. 2 Whether female heirs, specifically the daughter, are entitled to a share and partition under Section 6 of the Hindu Succession Act, 1956
  3. 3 Whether dwelling house not wholly occupied by family members is available for partition under Section 23 of Hindu Succession Act, 1956

Ratio Decidendi

The property received by Jagan Verma after a notional partition became his separate property and, after 1956, devolved only by succession under the Hindu Succession Act, not by survivorship. Female heirs, specifically the daughter, are entitled to seek partition and receive a share in the property. Since the dwelling house was not wholly occupied by family, it was available for partition. The Wills relied upon were not proved as required and could not affect the entitlement.

Court Disposition

Appeals dismissed

Orders

  • Appeals are dismissed. Parties shall bear their respective costs.